Destruction of Evidence, Cyberstalking and False Testimony: When Your Business Partner (and Romantic Partner) Behaves Badly

By | All About eDiscovery | March 29, 2017
In this business dispute (Shawe v. Elting 2017 Del. LEXIS 61 [Del. Feb. 13, 2017]), the plaintiff – Phillip Shawe– appealed the Court of Chancery’s decision* sanctioning him for serious misconduct throughout a litigation with his former business — and romantic — partner, Elizabeth Elting.  View Full Post
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To Sign or Not to Sign Your Proof of Service

  A row of six blue mailboxes on a street in Charleston, South Carolina. Focus is on the first mailbox's rusty screw head. When I was a research attorney for Alameda County Superior Court, my judge drilled into me to always check the proof of service to make sure that it was signed and service on all parties had properly been made.  As a Discovery Referee, I still review the proof of service first and I am always amused when the proof of service is signed saying that I was already served.   View Full Post
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Cybercriminals Demand Ransomware from Apple, or else They Will Wipe 300 Million iPhones!

Forbes reported that “a hacker group calling itself Turkish Crime Family…reported having access to 300 million Apple accounts” and demanded “$75,000 in crypto-currency (either Bitcoin or Ethereum) or $100,000 in iTunes gift cards, and the data would be deleted.”  The March 22, 2017 report entitled “Hackers Threaten To Wipe 300M iPhones, iCloud Accounts Unless Apple Pays” included these comments from Apple: There have not been any breaches in any of Apple’s systems including iCloud and Apple ID. View Full Post
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Blockchain is What Makes Bitcoin Work, and is the Real Deal to Change the World!

McKinsey’s interviewed Don Tapscott who defined Blockchain as an “immutable, unhackable distributed database of digital assets” which is a “giant, global spreadsheet that runs on millions and millions of computers.”  The May 2016 article entitled “How blockchains could change the world” included these comments about Bitcoin: Most blockchains—and Bitcoin is the biggest—are what you call permission-less systems. View Full Post
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Advocacy in E-Discovery More Important Than Ever

Close up Magnifying Glass Leaning on Wooden TableIn this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and preservation, understand the client’s ESI systems and storage, and handle the management, review and production of ESI in litigation. View Full Post
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Electronic Health Record (EHR) Databases Worth $500,000 to Cybercriminals!

Trend Micro’s conducted a study to learn more about “how stolen medical records are monetized after a breach, what types of data are stolen, how much they are sold for on the underground markets, and how cybercriminals make use of them” and use “Shodan scan data which reveals what healthcare-related devices and networks are connected to the internet and are visible to everyone, including cybercriminals.”  The February 21, 2017 report entitled “Cybercrime and Other Threats Faced by the Healthcare Industry” explained why EHR is better for cybercriminals than stealing credit cards which “can only use the stolen credit cards before the card expires, is maxed out or cancelled”: …an EHR database containing PII that do not expire—such as Social Security numbers—can be used multiple times for malicious intent. View Full Post
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Natalya Northrip, Emily Dorner to Present Regarding Litigation Hold Maintenance and Retention of HR Records in April

By | Carpe Datum Law | March 17, 2017
Natalya Northrip and Emily Dorner will be presenting on two interesting eDiscovery topics this April; presentations will focus on litigation hold maintenance and best practices, as well as recordkeeping for human resources professionals.  Presentations will take place on April 6, and April 26, respectively.   View Full Post
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Spearphising by the Russian Federal Security Service (FSB) Was Part of Yahoo Cyber Attack!

Huge headlines about the Yahoo cyber indictment by the FSB should be a wake call to all businesses, however what has not been promoted by the media was the use of spearphishing which was highlighted in paragraph 17 of the Indictment: In some instances, the conspirators used email messages known as “spear phishing” messages to trick unwilling recipients into giving the co-conspirators access to their computers and accounts. View Full Post
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Judge Peck to Attorneys – Wake Up and Read Rule 34

Know The Rules Businessman Holding in Hand New technologiesIt has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he took attorneys to task for not following the updates to Rule 34, and detailed three basic things responses to discovery requests must do. View Full Post
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File Sharing Sites and Inadvertent Waiver

By | All About eDiscovery | March 15, 2017
In connection with a declaratory judgment lawsuit wherein the Harleysville Insurance Company sought a ruling that it did not have to pay a loss claim for an October 2014 fire at a funeral home, United States Magistrate Judge Pamela Meade Sargent ruled, in a February 9, 2017 decision, that the Harleysville Insurance Company waived any claim of privilege to materials uploaded to an unprotected file-sharing site, which anyone with a hyperlink to the site was able to access.  View Full Post
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