The Innovation of Litigation.

CategoryPrivacy

Controlling Disappearing Communications in the Workplace: Four “Litigation-Friendly” Ephemeral Communications Apps

Since as early as 2014, individuals and businesses have adopted ephemeral (aka “disappearing”) apps for secure and private messaging. While the general population embraces these apps for their privacy features, attorneys—especially in house counsel—must deal with myriad legal issues, such as eDiscovery, preservation, and spoliation that arise from the use of these apps. For attorneys advising...

Are you collecting your jurors’ social media data? How and why you do it may be an issue (Part 2)

No one wants to be the next Cambridge Analytics--what do litigators need to be concerned with re: scraping social media for juicy trial strategy tidbits? This is part two of a two-part series that discusses issues in collecting a juror’s social media data.

Are you collecting your jurors’ social media data? How and why you do it may be an issue (Part 1)

No one wants to be the next Cambridge Analytics--what do litigators need to be concerned with re: scraping social media for juicy trial strategy tidbits? This is part one of a two-part series that discusses issues in collecting a juror’s social media data.

Could a Smart Assistant Be the Next Thing to Blow Up You or Your Clients?

What if audio recordings containing highly sensitive information from you or your clients were to be exposed to the public? What if the recordings included thousands of conversations you held from within the presumed privacy of your office during litigation? Sound far-fetched? A breaking story coming out of Germany highlights the potential risks of keeping smart assistants like Google's Home...

Judge orders Amazon to provide Echo recordings in double homicide case… (ICYMI)

In case you missed it, a Judge recently ordered Amazon to hand over recordings captured by Alexa, Amazon’s digital assistant and competitor to Google’s Assistant and Apple’s Siri.  Note: we recently covered the risks of digital assistants, including Alexa, cautioning litigators to be careful about having confidential conversations within earshot of smart devices. ...

Are Artificially Intelligent Digital Assistants Risky? Why Litigators Should Be Cautious

If you have an artificial-intelligence-driven digital assistant in your office, you might want to consider moving client meetings and litigation strategy sessions to another location. Researchers have recently hacked digital assistants using white noise and subliminal messages hidden in audio files to remotely control devices for search and listening purposes. With this in mind, is the...

Protecting attorney-client privilege across the border: what you need to know about U.S. border searches of electronic devices

Attorneys are likely to carry at least one electronic device containing attorney work product and confidential client information. While attorneys always have a duty to protect this information, crossing international borders makes this duty a bit more complicated. For those attorneys who cross borders, this post provides a quick summary of the current Department of Homeland Security, Customs and...

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