2012 Case Law Year-In-Review

2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases to be decided on the merits, attorneys need to educate themselves on electronic discovery so they know[…]

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How to Exclude an Expert Who Says There is No Expectation of Online Privacy

A Plaintiff successfully excluded the Defendant’s testifying expert whose opinion was that “no one, including Plaintiffs, has a reasonable expectation of privacy in Internet communications.”  Clements-Jeffrey v. City of Springfield, 2011 U.S. Dist. LEXIS 81898, 2-3; 10 (S.D. Ohio July 27, 2011). The case involved the theft of a laptop. […]

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A Handshake Deal That Created Confidential Communications from a Work Computer

Shanahan v. Superior Court, is an unpublished California opinion that furthers the story of confidential communications sent from a business computer.  Shanahan v. Superior Court, 2010 Cal. App. Unpub. LEXIS 5756 (Cal. App. 2d Dist. July 21, 2010) Privacy at Work…Literally and Figuratively Privacy interests originating from electronically stored information created at[…]

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The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on.  People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1.   The passengers might have been hoping, “There is nothing to see here.”  After stopping the car with the Defendant and two passengers,[…]

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No Reasonable Expectation of Privacy in Abandoned CD’s

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment.  The Supreme Court of New Hampshire found he had no expectation of privacy in the abandoned media and that the search of the media was proper.  State v.[…]

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