February 5, 2024: Destroying Solid State Drives - The Tip of the Night for March 25, 2022, mentioned that the data on solid state drives cannot be degaussed because such drives do not use magnetic fields to store data. A USB...more
In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more
Report on Patient Privacy 23, no. 11 (November, 2023) Tim DiBona clearly remembers Christmas Eve 2018 when the staff of his small firm—Doctors’ Management Service (DMS)—arrived at their West Bridgewater, Mass., office to...more
In the early 2000s, many accident reconstructionists believed that the emergence of event data recorders (EDRs) meant that EDRs would replace many of the traditional accident investigation techniques. These EDRs were commonly...more
Nelson Mullins Partner Jarrett Coco and E-Discovery Collection Specialists Colin Duncan and Michael Scholz will outline new messaging features in iOS16, including the ability to edit and recall text messages and the ability...more
The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more
Picture this: You’ve been working on that all-important document for hours, and you finally save the file in its proper location with the rest of your important files. Then you decide it’s time to do a little bit of file...more
Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more
eDiscovery Case Law disputes can be “taxing” for the courts, but they’re fun to discuss! Our April monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional...more
Consilio, SecureIT360 and Polsinelli will take a deep dive into responding to a cyber-attack and data breach. Learn about what to expect when you arrive on the scene following a cyber incident, and best practices for what...more
Blockchain technology is widely anticipated to disrupt major industries and business operations over the next several years. But with all of the “hype” in the blockchain market, at times it can be difficult to separate fact...more
In the wake of the increase in ransomware attacks, including data exfiltration prior to or during a ransomware attack, I think it is worth the time and resources to focus on data recovery and business continuity....more
In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more
The left side of the EDRM (Identify, Preserve, and Collect) is the least expensive part of the eDiscovery process however, it can hold the biggest value because improper collections can result in having to repeat the entire...more
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more
In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the...more
A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s...more