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Electronically Stored Information 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

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

Cozen O'Connor

Should Personal Cell Phones be off the eDiscovery Radar? – Case Law Update

Cozen O'Connor on

The U.S. District Court for the District of Kansas granted in part a plaintiff’s emergency motion for expedited discovery to allow forensic imaging of the defendant’s employees’ laptops to search for evidence of trade secret...more

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...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

J.S. Held

Protect What You Produce: Practical eDiscovery Lessons Learned from the Alex Jones Case

J.S. Held on

Making crucial errors in eDiscovery can prove detrimental to both lawyers and their clients. Nowhere is this more apparent than in the case of the Sandy Hook parents who won a $49.3 million judgment, including $45.2 million...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] Deleted Text Messages from Secret Service, DOD & DHS - August 18th, 1:00 pm - 2:15 pm ET

EDRM Ripped From the Headlines Webinar Series: In this fireside roundtable, guests, Jason R. Baron, former NARA and current Professor of the Practice at the University of Maryland and James and Jack Dever, cyber attorneys...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

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics

Fox Rothschild LLP on

Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. Dive deep into computer forensics as Lacey Walker, Jr., President of the Computer Forensics Practice LLC, and Matthew Adams,...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

Robinson+Cole Data Privacy + Security Insider

Location Data Results in Resignation of High-Profile Church Official

Location data is data that marks the longitude/latitude location of a smartphone or other device at a particular time, or over a period of time. It works like this: each day our device, which has a unique identifier or ID,...more

Steptoe & Johnson PLLC

Electronic Data Proves Pivotal in Kevin Spacey Cases

Steptoe & Johnson PLLC on

Preservation of electronically stored information (ESI) is steadily becoming a determining component in modern-day litigation. Last year, criminal and civil actions against actor Kevin Spacey Fowler arising from an alleged...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

Butler Snow LLP

E-Discovery Preservation: What to Consider as Offices Open Back Up from COVID-19

Butler Snow LLP on

Governments are easing their shelter-in-place orders and companies are beginning to determine what it means to open their spaces back up and let their employees come back in to the office. But, what does this mean from an...more

Alston & Bird

BREAKING: Location and Mobile Data in the Fight against COVID-19 – An Overview of U.S. and Global Efforts

Alston & Bird on

Governments are increasingly seeking to leverage consumer geolocation and other mobile device data to assist with fighting the spread of COVID-19, as cases continue to mount globally. Location data can be of significant...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

Reveal

Two Murder Investigations in the Last Week Highlight eDiscovery’s Role in Criminal Investigations

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Two recent murder cases have again highlighted the use of electronic forensics to solve cases that only a few decades ago, would have been difficult to crack in the relatively short time frame between the crime and the...more

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