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....

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