August 30, 2018 | The Legal Intelligencer
Facebook Evidence Authentication: Another 'Boring' E-Disco Opinion (Part I)In Commonwealth v. Mangel, the Pennsylvania Superior Court affirmed the trial court's order barring admission of evidence purportedly coming from the Facebook account of defendant Tyler Kristian Mangel.
By Leonard Deutchman
9 minute read
August 02, 2018 | The Legal Intelligencer
Cellphone Tracking, Privacy and Tech: Losing Focus on the Fourth Amendment (Part 2)Editor's note: This is the second in a two-part series.In last week's column, I discussed Carpenter v. United States, No. 16-402 (S.Ct. June 22,…
By Leonard Deutchman
4 minute read
July 26, 2018 | The Legal Intelligencer
Cellphone Tracking, Privacy and Technology: Losing Focus on the Fourth Amendment (Part I)In Carpenter v. United States, No. 16-402 (S.Ct. June 22, 2018), the U.S. Supreme Court held that the Fourth Amendment prohibited the government from using the Stored Communications Act, 18 U. S. C. Section 2703(d) (the SCA), to obtain from wireless cellphone carriers the “time-stamped record known as cell-site location information (CSLI),” which records (as explained below), created over time and saved, can, when looked at together, provide a picture of the public movements of the cellphone user.
By Leonard Deutchman
1 minute read
July 05, 2018 | The Legal Intelligencer
The GDPR and Changes to E-Discovery Vendor Agreements (Part 2)As discussed in last week's column, the European Union's General Data Protection Regulation (GDPR) is affecting e-discovery vendor agreements.
By Leonard Deutchman
6 minute read
June 28, 2018 | The Legal Intelligencer
The GDPR and Changes to E-Discovery Vendor Agreements (Part I)Typically, a client obtaining e-discovery services enters into an agreement with an e-discovery vendor. Such agreements may be for a single provision of services, but if the client is a regular client of the vendor, the parties will often enter into a master agreement that sets forth key legal and business terms, with a statement of work drafted for each provision of services setting out the particulars of that engagement.
By Leonard Deutchman
8 minute read
June 28, 2018 | Legaltech News
The GDPR Means Changes to E-Discovery Vendor AgreementsTypically, a client obtaining e-discovery services enters into an agreement with an e-discovery vendor. But recently, parties are adding a separate set of provisions: obligations arising from the European Union's General Data Protection Regulation.
By Leonard Deutchman, KLDiscovery
8 minute read
June 07, 2018 | The Legal Intelligencer
Another Boring Digital Forensics Opinion: One That's Simple (Part 2)In last week's article, I discussed the Pennsylvania Superior Court's opinion in Commonwealth v. Ayyakkannu Manivannan, 2018 PA Super. 112 (May 4, 2018), and how it illustrates that the legal issue underlying it is basic and simple.
By Leonard Deutchman
1 minute read
May 31, 2018 | The Legal Intelligencer
Another Boring Digital Forensics Opinion: This One Is Simple and Complex (Part I)Because e-discovery opinions involved technical matters that were outside of the understanding of the typical judge or attorney, I observed, such opinions tended to be exciting regardless of the legal issue that underlay them.
By Leonard Deutchman
1 minute read
May 03, 2018 | The Legal Intelligencer
Without a Broad Understanding of E-Discovery, Primer's Rules May Go UnfollowedThe primer sets forth the rules well, but it does not, nor could it, explain how our judicial system will compel the litigants to follow them. Moreover, until e-discovery is understood as well by as many courts and litigators who understand other principles of that have been part of all phases of litigation, e.g., small cases as well as larger ones, for much longer, it is unlikely that the principles set forth in the primer will be widely followed.
By Leonard Deutchman
8 minute read
April 26, 2018 | The Legal Intelligencer
Practice Pointers for Responding to Discovery Requests: Sedona Conference Weighs InIn this week's article, I will look at some of the primer's takes on discovery requests and responses to see the primer's strengths and weaknesses.
By Leonard Deutchman
11 minute read
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