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Leonard Deutchman

Leonard Deutchman

May 14, 2010 | Legaltech News

Do Computer Searches Distort the 'Plain View' Doctrine?

The "plain view" doctrine of the Fourth Amendment holds that law enforcement properly authorized to be in a certain area can lawfully search and seize evidence in plain view from that vantage point. Attorney Leonard Deutchman looks at cases that apply the doctrine to computer searches.

By Leonard Deutchman

14 minute read

December 15, 2006 | Legaltech News

Reacting to the Federal Rules' EDD Changes

According to the amended Federal Rules of Civil Procedure, parties must preserve potentially discoverable electronically stored information, and a team representing the IT, business and legal departments should work to preserve and produce ESI. Learn how to fully map your system and inventory your ESI.

By Leonard Deutchman

6 minute read

April 28, 2010 | Legaltech News

The Last Words on E-Discovery?

Attorney Leonard Deutchman puts two decisions -- Pension Committee and Rimkus Consulting, which gauged the relevance of e-discovery data lost by the producing party in terms of the prejudice to the requesting party -- in the context of unfolding e-discovery jurisprudence.

By Leonard Deutchman

10 minute read

April 09, 2007 | The Legal Intelligencer

Getting Ready for the Rules Changes, Part VII

The recent changes to the Federal Rules of Civil Procedure require litigants to have early discussions to address issues relating to the disclosure and production of electronically stored information (ESI). In the last several articles I have used prepari

By Leonard Deutchman

11 minute read

September 14, 2010 | The Legal Intelligencer

The Hunter Gets Captured by The Game

In the beginning, there was Zubulake.

By Leonard Deutchman

13 minute read

August 18, 2006 | Law.com

Getting Info From ISPs in Civil Matters Is Increasingly Uncivil

Internet service providers have become increasingly rich sources of information in complex criminal and civil matters. Parties in civil matters have used subpoenas to obtain information, but in O'Grady v. Superior Court, the California Superior Court barred civil litigants from obtaining information from ISPs because the Electronic Communications Privacy Act had no provisions for civil discovery. Attorney Leonard Deutchman says that O'Grady goes against existing case law and privacy practice.

By Leonard Deutchman

7 minute read

February 08, 2010 | The Legal Intelligencer

Destroying the Discarded

A defendant's effort to keep sensitive personal and business data from falling into the wrong hands by taking steps to ensure the deletion of files landed him in contempt of Delaware's Chancery Court, but the court's conclusion that he violated a status quo agreement places a dubious value on the computer equivalent of a wastepaper basket.

By Leonard Deutchman

12 minute read

February 15, 2010 | The Legal Intelligencer

A Dubious Duty

In last week's column I discussed how Delaware's Chancery Court relied upon unjustifiable technical conclusions in finding the defendant in TR Investors LLC v. Genger in contempt for violating a status quo agreement when he wiped the hard drives of his business's computers to keep sensitive data regarding national security work for the Israeli government and his pending divorce from falling into the wrong hands. This week, I will examine the court's legal conclusions and the implications of its ruling.

By Leonard Deutchman

11 minute read

December 14, 2010 | The Legal Intelligencer

Cell Phone Tracking: Privacy or Anonymity?

A federal court judge recently denied a prosecutor's request under the Stored Communications Act to have a cell phone service provider give the government information showing which cell towers a certain cell phone was closest to over a period of 60 days.

By Leonard Deutchman

11 minute read

July 13, 2010 | The Legal Intelligencer

The Wrath of Quon

In Ontario v. Quon, the U.S. Supreme Court was confronted with the issue of whether an employer conducted a search, within the meaning of the Fourth Amendment, when reading text messages which were personal to the employee, but which were sent and received on a "pager" owned by the employer and issued to the employee for work purposes.

By Leonard Deutchman

12 minute read