Evidence, Privacy Concerns

Can Victims of Sexual Harassment Choose to Stay Anonymous?

Ius Laboris on 6/21/2024

A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases....more

No Need to Hit Record: Your Smartphone is Tracking You (and Your Spouse)

Lerch, Early & Brewer on 3/7/2024

Since the dawn of cellphones, partners in domestic disputes who suspect their spouse is cheating on them want to see their partner’s phone records....more

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

Stikeman Elliott LLP on 12/11/2023

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Beware Of These Social Media Blunders If You’re Going Through a Divorce

Fox Rothschild LLP on 1/19/2023

It’s 2023. Oversharing on social media is the norm for so many. And interestingly, social media use upticks as spouses are contemplating divorce. A 2014 study published in the journal Computers in Human Behavior found a...more

Caught in the Act: ‘It Wasn’t Me’ Cheating and What it Means in Divorce

Lerch, Early & Brewer on 12/9/2022

What does and does not qualify as “cheating” is, apparently, debatable, as evidenced by the recent pop culture/social media scandals (think Adam Levine, Behati Prinsloo, and Sumner Stroh). However, in the divorce...more

The Right to Privacy in Modern Discovery: a review of another great law review article – Part 1

EDRM - Electronic Discovery Reference Model on 8/26/2022

Summary and analysis of Professor Allyson Stuart’s much needed law review article on privacy in ediscovery in civil litigation. The article is supplemented with an interview of Professor Stuart on ediscovery and privacy...more

The Kanye West v. Kim Kardashian West Divorce Saga Leads To Real-World Lessons

Kohrman Jackson & Krantz LLP on 3/21/2022

LESSONS AND TAKEAWAYS FROM THE KANYE V. KIM DIVORCE SAGA - If you’ve been monitoring the news in the past few weeks, you’ve likely encountered at least one headline—even if just for a clickbait article—about recording...more

The Netherlands: Get the tape rolling…

Littler on 11/16/2021

It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings,...more

Risky Business: Recording Board Meetings

BCLP on 9/30/2021

With the Delta variant surge, many companies have delayed plans for a return to in-person board and committee meetings. The go-to alternative, in many cases, will be a return to video conferences, which worked well in the...more

Using Drones to Gather Evidence of Environmental Violations

Snell & Wilmer on 3/22/2019

More than 1,000,000 drones have been registered. The increasing use of drones by hobbyists means more and more concerned citizens and NGOs have the ability to obtain evidence of environmental violations. But what can be done...more

Privacy and The Cell Phone: Arizona Says Yes

Snell & Wilmer on 9/16/2016

Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more

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