Auto-Delete, Take Two: Regulatory Fines Can Dwarf Sanctions

Auto-Delete, Take Two: Regulatory Fines Can Dwarf Sanctions

Deleting the messages was the cheap part. I recently wrote about sanctions: the adverse-inference instruction, the spoliation finding, the judge with disapproval written all over his face telling the jury it may assume the worst about whatever got erased. That’s...
Encrypted Doesn’t Mean Untouchable: What Attorneys Should Know About Device Access

Encrypted Doesn’t Mean Untouchable: What Attorneys Should Know About Device Access

“It’s encrypted, so I guess we’re just out of luck.” I hear some version of that from attorneys and other clients more often than you’d think, usually said with a kind of resigned finality, as though the phone in evidence had sealed itself inside a block of concrete....
Native Files vs. PDFs: Why Discovery Format Fights Are Worth Having

Native Files vs. PDFs: Why Discovery Format Fights Are Worth Having

The format language in a discovery request is easy to skip over. It looks like boilerplate. It reads like boilerplate. It is actually boilerplate. And so it gets waved through: “produce as PDF, that’s fine.” Maybe not so fine when that same attorney...
Your Smart Home Is Testifying Against You

Your Smart Home Is Testifying Against You

A fitness tracker once told me the exact moment its wearer stopped moving. Not slowed down. Stopped. The device wasn’t built to establish a time of death. It was builtto count steps and nag its owner about standing up more often. But it kept a continuous record,...

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