The Blunt Truth About Testing Employees For Marijuana In California (part one)
This is the conclusion of the blog, The Right to Privacy in Modern Discovery: a review of another great law review article. See here for Part 1 and Part 2. This blog series considers the interplay between privacy and civil...more
This is part two of the blog series, The Right to Privacy in Modern Discovery: a review of another great law review article. This blog series considers the interplay between privacy and civil discovery as discussed in the law...more
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
As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how...more
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
On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more
Yesterday, we reported that the Department of Justice has asked the U.S. Supreme Court to remand its dispute with Microsoft Corp. concerning access to customer emails stored abroad to the U.S. Court of Appeals for the Second...more
Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more
An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more
In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...more
Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more
Over the last week, several high profile celebrities (e.g., Jennifer Lawrence and Kate Upton) have reportedly become the latest victims of internet privacy rights violations. In those cases, hackers supposedly obtained...more