The Innovation of Litigation.

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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.

California Judge Says Police Cannot Force You to Unlock a Phone Using Your Face or Fingerprint (ICYMI)

In a decision coming out of the U.S. District Court for the Northern District of California, Judge Kandis Westmore says that all unlocks are equal. Previously, the government has argued that biometric locks on smartphones (using one’s face, iris, or fingerprint to unlock a phone) do not tread on the 5th Amendment right against self-incrimination. In essence, the argument is that...

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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