News & Analysis as of

Discovery Cell Phones

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

Association of Certified E-Discovery...

Where in the World is That Phone? Geolocation of Mobile Devices

Mobile devices and cell phones are frequent sources of evidence in modern legal cases and investigations, and a common question involves where a phone was at a particular time. Although CSI makes this seem like a question...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Rumberger | Kirk on

Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Push Notifications: The Latest Law Enforcement Evidence Source and Data Privacy Battleground

Hat tip to Debbie Reynolds for the heads up on this story! More than 130 petitions seeking access to push notification metadata have been filed in US courts, according to a Washington Post investigation also reported on...more

EDRM - Electronic Discovery Reference Model

Revolutionary Smartphone Data Collection Technology Helps Corporations Enforce and Comply with Regulatory Rules

The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and flexibility. Hence, many companies...more

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for September 2023 - October 4th, 1:00 pm ET

Fall is in the air and so is the whiff of sanctions! Our September 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including sanctions for discovery violations & misrepresentations,...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for July 2023 - August 1st, 1:00 pm - 2:00 pm ET

Justice delayed isn’t justice denied for eDiscovery case law disputes! Our July 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including custody and control of a personal Google...more

EDRM - Electronic Discovery Reference Model

Court Holds That Federal Spoliation Rules Are Both Independent and Interrelated in Cell Phone Sanctions Case

In Doe v. Willis, 2023 WL 2918507 (M.D. Fl. Apr. 12, 2023), the plaintiff’s lawyer imposed an oral legal hold, telling her that she should not delete texts, throw away evidence, or post anything on Facebook, and: “That’s...more

EDRM - Electronic Discovery Reference Model

Key Takeaways and Highlights from Legalweek 2023

[EDRM Editor’s Note: This article was first published April 4, 2023 and EDRM is grateful to our EDRM Global Advisory Council Leader, Monica Harris of EDRM Trusted Partner, Cellebrite Enterprise Solutions, for permission to...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Butler Snow LLP

Warning: No Fishing Allowed! – Pt. 2: No, They Can’t Catch Cell Phones Either

Butler Snow LLP on

Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results.  In this article, we analyze a far more potent discovery substance—cell phone data....more

EDRM - Electronic Discovery Reference Model

[Webinar] Take my whole cell phone, please (said no one ever except Alex Jones) - August 10th, 1:00 pm ET

Ask Craig Ball your burning questions on cell phone productions in high profile cases like the Sandy Hook Families v. Alex Jones damages trial. Find out how a mistake like a whole digital copy of a cell phone being produced...more

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

Association of Certified E-Discovery...

The Practical and Potential Impact of Forensic Investigation

Something identified in the course of normal eDiscovery often turns a case into a forensics investigation. In a recent webinar, we examined several case studies, and here we dive a little deeper into one of the examples...more

Association of Certified E-Discovery...

The Data Most People Don’t Know Exists

Technology has transformed our world, mostly for the better. We can take a road trip without a map in hand, get groceries delivered to our homes and keep track of our physical activity level in real time. But the tradeoff is...more

Foley & Lardner LLP

Text Messages, EDiscovery, and the New Threat to Privacy

Foley & Lardner LLP on

Maybe some of you will look at the title of this article, smirk, and dismissively mutter that there is nothing new about text messages. eDiscovery practitioners also may think there is nothing revolutionary about considering...more

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

Seyfarth Shaw LLP on

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Troutman Pepper

How Courts Are Treating Cellphone Privacy in Discovery

Troutman Pepper on

Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more

McGuireWoods LLP

Data Preservation: Don't Treat Discovery Like It's 1999

McGuireWoods LLP on

Cell phones have been around for a long time, but preserving the data they contain for discovery purposes is still often overlooked or avoided due to expense and inconvenience. Two recent decisions highlight the importance of...more

Kilpatrick

Text Messages: Preservation Lessons for Mobile E-Discovery

Kilpatrick on

There was a time when the only data you needed to collect in response to a discovery request was corporate email. Even if you received or sent work emails from your phone, this data would be located on a corporate server and...more

Searcy Denney Scarola Barnhart & Shipley

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

Proskauer - Minding Your Business

Not an LOL Matter: Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages

We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more

Burr & Forman

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

Burr & Forman on

Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

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