Leonard Deutchman

February 19, 2010 | Corporate Counsel

In a recent decision a Delaware court found a defendant in contempt of court for wiping the unallocated space of the hard drive of his work computer. Attorney Leonard Deutchman argues the order is suspect and places a dubious value on the computer equivalent of a wastepaper basket.

By Leonard Deutchman

12 minute read

June 12, 2012 | The Legal Intelligencer

Every day I talk with attorneys who must produce e-discovery. Sometimes the conversations are global in scope, other times narrowly focused, but they are all about answering the same question:

By Leonard Deutchman

10 minute read

February 12, 2013 | The Legal Intelligencer

In In re Application for Search Warrant, No. 2010-479 (December 14, 2012), the Vermont Supreme Court upheld the issuance of a search warrant for a residence that contained numerous "ex ante or prospective conditions" structuring how law enforcement was to conduct the search of computers found therein.

By Leonard Deutchman

9 minute read

May 01, 2012 | The Legal Intelligencer

In United States v. Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151(9th Cir. Apr. 10, 2012), the U.S. Court of Appeals for the Ninth Circuit, en banc, held that the prohibition against "exceed[ing] authorized access" to a computer under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030, which provides both criminal and civil penalties for such action, does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company.

By Leonard Deutchman

8 minute read

July 19, 2011 | The Legal Intelligencer

In last week's column, we discussed why cooperation in producing e-discovery is in the enlightened self-interest of discovery requestors and producers both.

By Leonard Deutchman

9 minute read

June 12, 2006 | The Legal Intelligencer

Banners, policy handbooks and other places where businesses set forth the terms by which employees can use business computers and networks are as much a fact of business life today as the computers we use. Typically, business policies preclude employees f

By Leonard Deutchman

6 minute read

October 02, 2012 | The Legal Intelligencer

Bring Your Own Device, or "BYOD," is the phrase and acronym frequently used now to describe the ascension into the workplace of personal devices.

By Leonard Deutchman

12 minute read

April 19, 2011 | The Legal Intelligencer

In National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, U.S. District Judge for the Southern District of New York Shira A. Scheindlin, author of the highly-influential Zubulake and Pension Committees opinions and one of the most respected jurists writing about e-discovery matters, held that not only must metadata be produced when e-files are being produced in discovery, but that such data must be produced in a "load file" to make accessing the produced data easier for the requesting side.

By Leonard Deutchman

14 minute read

August 14, 2006 | The Legal Intelligencer

It should surprise no one that Internet service providers such as AOL, EarthLink, Comcast, Verizon, Yahoo or Gmail are, increasingly, rich sources of information in complex criminal and civil matters.

By Leonard Deutchman

7 minute read

February 19, 2013 | The Legal Intelligencer

In Part I of the analysis of computer search warrants, we discussed how the restrictive conditions imposed by the Vermont Supreme Court upon the search of a PC and an iPad in In re Application for Search Warrant, No. 2010-479 (December 14, 2012), might be constitutionally permissible. In Parts II and III, we will review those conditions.

By Leonard Deutchman

13 minute read