Internet, Information Technology & e-Discovery Blog

Internet, Information Technology & e-Discovery Blog

Social changes brought about by the Internet & Technology

Category Archives: E-Discovery

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Here’s a good idea – don’t agree to cloud Click Agreements because the cloud is such a huge target for cybercriminals!

Posted in Cyber, E-Discovery, eCommerce
More businesses should use lawyers that understand how to negotiation cloud agreements because the Click Agreement don’t provide all necessary legal requirements given Cisco’s report that “The cloud is a whole new frontier for hackers, and they are exploring its potential as an attack vector in earnest…They also recognize that they can infiltrate connected systems… Continue Reading

GUEST BLOG: Attorney Client Privilege Lost in the Cloud!

Posted in E-Discovery, eCommerce, Internet Access, Uncategorized
My Guest Blogger Eddie Block (CISSP, CIPM, CIPP/G, CISA, CEH) is a senior attorney in Gardere’s Litigation Group and member of the Cybersecurity and Privacy Legal Services Team who focuses on all aspects of information cyber security, including credentialing functions, firewall and IDS deployment and monitoring, and penetration testing, and related complex litigation.  Eddie blogs at JurisHacker. Attorney Client Privilege… Continue Reading

Sure there are a kazillion eMails, but eMails are not automatically admitted as evidence!

Posted in E-Discovery, eCommerce
A recent case made it clear that under Federal Rule of Evidence 803(6) there was no “absolute right to admission of emails under the business records exception.” In Roberts Technology Group, Inc. v. Curwood, Inc., No. 14-5677, 2016 U.S. Dist. LEXIS 64538 (E.D. Pa. May 17, 2016) the court found that: …the plaintiff had failed… Continue Reading

Microsoft contempt ruling overturned for failing to produce emails in Ireland!

Posted in Anonymous Internet Activity, E-Discovery, eCommerce, Internet Access, Internet Jurisdiction, Internet Privacy
In 1986 Congress passed the Stored Communications Act (SCA) to control telephone records long before the Internet we know today, but the SCA is the main law that Internet companies rely to protect users’ content and in 1986 in passing the SCA “Congress focused on providing basic safeguards for the privacy of domestic users.” Nonetheless… Continue Reading

Spoliation or Privacy “Right to be Forgotten”? – Google’s new service “My Activity” allows you to delete your history!

Posted in Cyber, E-Discovery, Internet Privacy
People should be thoughtful of using My Activity because destroying your Google history in litigation may lead to a claim of spoliation (destruction of evidence) when using Google’s recently launched My Activity which “is a central place to view and manage activity like searches you’ve done, websites you’ve visited, and videos you’ve watched.”  My Activity… Continue Reading

eDiscovery Advice to IT – be on high alert to protect electronic evidence under “Legal Hold”!

Posted in E-Discovery, IT Industry
The concept of “Legal Hold” is not new in the least and long before anyone ever thought about electronic evidence (Electronically Stored Information- ESI) once a party became aware of potential litigation it had a duty to protect all relevant evidence, like paper documents.  So it comes as no surprise that an in recent IT… Continue Reading

Supreme Court thinks proportionality will help eDiscovery, but not everyone agrees

Posted in E-Discovery
In support of the 2015 Amendments to the Federal Rules of Civil Procedure Chief Justice John Roberts said that “Rule 26(b)(1) crystalizes the concept of reasonable limits on discovery through increased reliance on the common-sense concept of proportionality.”  On December 31, 2015 the Supreme Court released the “2015 Year-End Report on the Federal Judiciary” in… Continue Reading

eDiscovery Update – Lawyers Need to Embrace Business Intelligence (BI)

Posted in E-Discovery
A recent IBM eBook points how that “in today’s competitive global marketplace, leading organizations are complementing their current approaches to business intelligence (BI) and analytics.”  IBM’s eBook is entitled “Forward Looking Business Intelligence” and given the scope and volume of Electronically Stored Information (ESI) in litigation today the use of BI seems pretty logical given… Continue Reading

Surprise! Cyberintrusions are Directed at eDiscovery Evidence

Posted in Cyber, E-Discovery
eDiscovery is the monster that ate Cleveland as everyone knows, but storing the ESI (Electronically Stored Information) is at risk to cyberintrusions since the ESI includes “highly sensitive information” as reported by my good friend Monica Bay in Legaltech News.  Monica’s August 18, 2015 story is entitled “Cybersecurity Infiltrates E-Discovery Managed Services” should be a… Continue Reading

eDiscovery in Arbitrations

Posted in E-Discovery
The American College of e-Neutrals (ACESIN) and the American Arbitration Association will conduct a training program entitled “Arbitrating in a Digital World – An eDiscovery Course for AAA® Neutrals” in 2015 in Los Angeles on February 19 & 20, Chicago on April 9 & 10, New York on June 11 & 12, and Washington, DC… Continue Reading

Special Masters Have an Important Role in Litigation

Posted in E-Discovery, eCommerce
I am honored to be a member of the Academy of Court-Appointed Masters (ACAM) which provides the advantages that Special Masters “…can monitor discovery and resolve time-consuming disputes; they can help with the growing burden on courts caused by electronically stored information (ESI) discovery problems; they can be assigned trial duties…; they can administer settlement… Continue Reading

After Winning Jury Verdict of +$24 Million, Plaintiff Admits it Forged Evidence & Sent Fictitious Emails

Posted in E-Discovery
A plaintiff confessed to his attorney “that the “Cerner contract” was not authentic…. that although there had been an actual contract with Cerner Corporation, that contract had been altered and had certain schedules attached to it that were forgeries.” In the case of LBDS Holding Company, LLC v. ISOL Technology Inc., et al in the… Continue Reading

Court Limits eMail Search Warrants

Posted in E-Discovery, eCommerce, Internet Privacy
Search warrants were rejected because they required “…each Provider to disclose all email communications in their entirety and all information about the account without restriction.” On August 27, 2013 US Magistrate Judge David J. Waxse denied the government’s request under the 1986 Stored Communication Act to require Google, GoDaddy, Verizon, Yahoo!, and Skype regarding an… Continue Reading

New Law Course on eDiscovery & eEvidence

Posted in E-Discovery
eDiscovery has transformed litigation and required that all lawyers understand Information Technology since more than 95% of all information is now electronic. I am happy to report that staring January 9, 2012 I will begin teaching a brand new course on eDiscovery & eEvidence at the SMU Dedman School of Law in Dallas. The SMU… Continue Reading

Court Orders Plaintiff to Share Facebook Login Info with Defendant

Posted in E-Discovery
A court recently ordered an accident victim to provide her “Facebook username email and password” to a defendant in an auto accident lawsuit. After a chain-reaction auto accident Jessica Largent and her husband sued Jessica Reed Rosko for negligence that led to serious and permanent physical damages, and loss of consortium. (Keith Largent and Jennifer Largent v.… Continue Reading

PODCAST: e-Neutrals and Special Masters in eDiscovery

Posted in E-Discovery
Please listen to this informative podcast about eNeturals and Special Masters for eDiscovery featuring US District Judge Arthur J. Schwab, Allison Skinner, and Timothy Opsitnick concerning the American College of eNeutrals’ efforts to training mediators, Special Masters, and discovery referees. Karl Schieneman moderated the panel’s discussion. Also Karl Schieneman interviewed Allison Skinner and me available on a… Continue Reading

Current Issues in eDiscovery & ADR

Posted in E-Discovery
Last week I posted a guest blog on Karl Bayer’s Blog about Dispute Resolution concerning Michael Geigerman’s ADR program at Washington University School of Law on October 29, 2100. Michael Geigerman was the Moderator for a half day seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29,… Continue Reading

eDiscovery Update: Special Masters and eMediation

Posted in E-Discovery
Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery.… Continue Reading

210 Billion Emails Sent Each Day -It’s Time to Use eMediation or Special Masters in eDiscovery – Webcast on February 16, 2010 (State Bar of Texas CLE)

Posted in E-Discovery
Last week I posted as a guest blog at on Karl Bayer’s Blog about Dispute Resolution concerning Allison Skinner. Victoria VanBuren who works with Karl has posted a guest blog on this site about the Enron database. Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the… Continue Reading