Internet, Information Technology & e-Discovery Blog

Internet, Information Technology & e-Discovery Blog

Social changes brought about by the Internet & Technology

Tag Archives: E-Discovery

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

60 Minutes Report about Cyber War, but Still No Cyber Czar

Posted in E-Discovery, eCommerce, IT Industry
Probably everyone who watched the recent 60 Minutes story entitled “Cyber War: Sabotaging the System” was not surprised by any aspect of the story. The report is old news, but unsettling particularly following President Obama’s presentation of his “Cyber Policy Review.” The White House vowed to take the lead in protecting the US. However apparently… Continue Reading

The Role of Special Master in E-Discovery

Posted in E-Discovery
My good friend Victoria VanBuren recently posted a blog on Karl Bayer’s Blog about Dispute Resolution concerning my article in Atlantic Coast In-House Article about experience as a Special Master. You may find this excerpt of interest: Before I got into law, I had a career as a computer programmer, received a master’s degree in computer… Continue Reading

e-Discovery Complicates Public Records Requests

Posted in E-Discovery
One might ask if every public employee must keep every email forever given this report that the Massachusetts Secretary of State ordered the seizure of City of Boston computers searching for deleted emails. This order follows a public records request by the Boston Globe to the Mayor’s office and which yielded only 18 emails during… Continue Reading

The Stunning Impact of E-Discovery on IT

Posted in E-Discovery
Since more than 95 percent of all information is electronic and it’s estimated that upwards of 97 billion emails are sent each day, it is no wonder that every lawsuit has electronic evidence. All IT shops protect themselves from disaster with the knowledge that every computer will fail, but computer systems are not designed to… Continue Reading

Impact of e-Discovery on the CIO

Posted in E-Discovery
A recent report by the Ponemon Institute commissioned by Symantec found that nearly 60 percent of departing employees steal company data. Given the amount of information that is electronic it’s not much of a surprise since it is so easy to take data which may be attached to an email, copied to a laptop, loaded… Continue Reading

Google Enters the e-Discovery Fray!!

Posted in E-Discovery
Google recently starting promoting a new service App they call Google Message Discovery which creates a new, huge change for e-Discovery. This service uses Postini which provides email filtering for hundreds of companies. When Google acquired Postini in 2007 many wondered what the heck’s going on? How did email filtering services fit in to the… Continue Reading

E-Discovery – More than Just Buzz Words

Posted in E-Discovery
In December 2006 the Federal Rules of Civil Procedure changed the manner in which lawyers had to deal with ESI (Electronically Stored Information – a new acronym from the Federal Rules). Having worked with computers since 1967 this was hardly a news flash since ESI has been part of my 30 years of litigating disputes… Continue Reading

Too Social? Hard to Believe!

Posted in E-Discovery
The growth and proliferation of social networking on the Internet has hit a new wall- too much social networking. Recent reports that Facebook has disabled members for too much social networking apparently is a reaction to concerns of suspicious behavior which really boils down to using the site too much. Facebook’s 100 million users are… Continue Reading

Work of the Special Masters & Consultants

Posted in E-Discovery
Information technology is an essential component of every lawyer’s practice and every client is dependent upon IT. It should not be a surprise that more than 95 percent of information is electronic. Consequently, nearly every lawsuit today has, and in the future will involve electronically stored information (also referred to as ESI). Special Masters in… Continue Reading