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Leonard Deutchman

Leonard Deutchman

January 02, 2013 | The Legal Intelligencer

Technological Changes Require Rewriting of ECPA and SCA

The Electronic Communications Privacy Act, 18 U.S.C. §§2501 et seq., the Stored Communications Act, 18 U.S.C. §§2501 et seq. and their state law counterparts in Pennsylvania at, respectively, 18 Pa.C.S. §5701 et seq. and 18 Pa.C.S. §5741 et seq., are the federal and state laws that, inter alia, set forth what protections email and cellphone users have for their emails stored by Internet service providers, and records of email and cellphone connectivity and usage stored by ISPs and cellphone carriers.

By Leonard Deutchman

12 minute read

February 08, 2010 | The Legal Intelligencer

Destroying the Discarded

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By Leonard Deutchman

12 minute read

November 13, 2006 | The Legal Intelligencer

Getting Ready for the Rules Changes

In last month's article, Getting Ready for the Rules Changes, Part I, we discussed how recent case law and the upcoming changes to the Federal Rules of Civil Procedure m

By Leonard Deutchman

6 minute read

February 26, 2013 | The Legal Intelligencer

Structuring the Computer Search Warrant and Searching, Part III

In Part I of this article, 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 Part II, we began our review of those conditions, which we will conclude in Part III.

By Leonard Deutchman

8 minute read

November 16, 2009 | The Legal Intelligencer

Cyberlaw

In last week's column we reviewed how a party seeking e-discovery should obtain from its opponent a description of the universe of data to be searched. This week, we will discuss how the requesting party can and should try to shape how the producing party gathers and searches that data.

By Leonard Deutchman

19 minute read

January 17, 2012 | The Legal Intelligencer

Trends, Flairs and Next Big Things: E-Discovery in 2011

In 2011, we saw the continuation of some judicial and user trends, the emergence of others and the potential that constellations of cases could signal new trends.

By Leonard Deutchman

15 minute read

April 27, 2010 | The Legal Intelligencer

The Last Words?

In the previous column I reviewed two recent e-discovery decisions, the Jan. 15 decision by U.S. District Judge for the Southern District of New York Shira A. Scheindlin in Pension Committee of the University of Montreal Pension Plan v. Bank of America Securities and the Feb. 19 decision by U.S. District Judge for the Southern District of Texas Lee H. Rosenthal Rimkus Consulting Group Inc. v. Cammarata.

By Leonard Deutchman

10 minute read

August 11, 2008 | The Legal Intelligencer

A Case Study in 'Departing Employee' Litigation

My firm provides digital forensics and e-discovery services. Most of our digital forensics investigations and analyses involve employees who have left their former employers for a rival or to start their own business.

By Leonard Deutchman

10 minute read

December 18, 2007 | Law.com

When Legal and Business Needs Conflict

Clients and counsel that have been "burned" by overproduction are seeking ways to design and implement file retention policies that respect their business needs but minimize how much e-discovery they will have to produce, all without running afoul of the Federal Rules of Civil Discovery. Here are some principles and practical tips to help you help your client formulate a file retention policy that addresses business as well as legal needs.

By Leonard Deutchman

7 minute read

May 25, 2007 | Legaltech News

Get Ready for the Rules Changes, Part VIII

Recent changes to the Federal Rules of Civil Procedure require litigants to meet and address issues related to the disclosure and production of electronically stored information. Attorney Leonard Deutchman uses a hypothetical case to develop a thorough checklist.

By Leonard Deutchman

25 minute read