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Discovery Fourth Amendment

EDRM - Electronic Discovery Reference Model

Geofence Search Warrant Held Valid

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Jones Day

Federal Court Grants the SEC Limited Access to the Identities of Law Firm Clients Impacted by a Cyberattack

Jones Day on

In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more

EDRM - Electronic Discovery Reference Model

Revocation of Consent to Search Mirror Image of Laptop

In State v. McDonnell, __ Md. __,  2023 WL 4393297, at *1 (July 7, 2023), the Supreme Court of Maryland held that a person who had consented to seizure of his laptop, as well as to creation of a mirror image, could withdraw...more

Association of Certified E-Discovery...

Weekly Trend Report – 4/3/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

McGuireWoods LLP on

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

Snell & Wilmer on

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Zelle  LLP

The Nuts And Bolts Of Social Media Discovery

Zelle LLP on

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

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