In Da Silva Moore v. Publicis Groupe, affirmed, 2012 U.S.Dist. LEXIS 58742 (2012), a much-written-about opinion, Magistrate Judge Andrew Peck, a jurist highly regarded for his knowledge of e-discover
In the past year, I attended two high-level e-discovery conferences at which participants spoke of living in a "bubble," by which they meant a world where the e-discovery experts discussed the ramifi
In November 2012, the Judicial Conference of the U.S. Advisory Committee on Civil Rules proposed that Rule 37(e) be gutted and replaced with one that allows a court to sanction a producing party for
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 (
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 Se
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 pr
When attorney Mark Goodheart asked opposing counsel for a copy of the surveillance footage captured by a video camera on the front of the train that collided with his client's truck, he had no idea h
In Commonwealth v. Cruttenden, the Pennsylvania Supreme Court held that a law enforcement officer, in possession of a suspect's cellphone, did not perform an "interception" under Pennsylvania's Wiret
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, r
In FTC v. Boehringer Ingelheim Pharmaceuticals, U.S. Magistrate Judge John M. Facciola of the District of Columbia, well-known and respected for his opinions regarding e-discovery matters, held that
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