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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...

Early Data Assessment: a Critical Step in Early Case Assessment

Many are familiar with Early Case Assessment (ECA), which is a systematic approach to evaluating the merits of a case. But what is Early Data Assessment? With the volume of data that is being generated by the internet of things, we know that data is critical to the e-discovery process, and with the costs associated with e-discovery, having a solid plan for dealing with the data is fundamental to...

Don’t Miss The Sedona Conference Institute 2019 eDiscovery Negotiation Training!

Baylor Law’s Executive LL.M. in Litigation Management Professor Christopher Schultz and The Sedona Conference Institute present advanced strategies from seasoned judges and lawyers on Rule 26(f) negotiations and 16(b) scheduling conferences. Baylor Law’s Executive LL.M. in Litigation Management Professor Christopher Schultz and The Sedona Conference Institute presents an exclusive training...

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. ...

But their emails! Some of the most contentious political issues are e-discovery disputes… (ICYMI)

In case you missed it, the ABA Journal recently posted a great article about the relevance of eDiscovery fights in politics.  “Indeed, a larger debate over preserving electronic evidence continues to hang over national politics. Donald Trump Jr.’s meetings with Russians, Michael Cohen’s plea bargain, Brett Kavanaugh’s contentious confirmation to the U.S. Supreme Court, Paul Manafort’s...

10 Times Internet of Things Data Was Used in Litigation

The next time you head to court, think about the data you can recover from “internet of things devices.” Internet of things products from Fitbits to medical devices are collecting data 24/7 and can help you establish timelines, destroy alibis, and prove damages. This post lists 10 instances in which internet of things devices were used in litigation. The next time you prepare for litigation...

Is the Fitbit the Next Smoking Gun in Litigation?

What if your diary, checkbook, and GPS were conveniently packaged into an audiobook that would be played to the jury? This could now be possible through the rise in personal devices, such as Fitbits, smartwatches, Google homes and Alexas, which have opened up a potential goldmine of private information for a lawsuit. But what are the problems that any litigator can anticipate in trying to obtain...

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