Knotty Issues of eDiscovery
Sometimes there are fact patterns that surprise you how far we have come with technology and the foolishness of people. In People v. McInnis, the Defendant was convicted of attempted witness bribery. The Defendant attempted to keep witnesses from testifying against the Defendant’s nephew, in the nephew’s trial for robbery and kidnapping. […]
Read more“The plaintiffs have not explained why the City of Chicago had no authority to enact legislation designed to protect the safety of its roads in this way, nor can we think of any restriction on its powers under either federal or state law that is so obvious we would need[…]
Read moreA child was injured at an Old Navy store (a subsidiary of the Gap) on a clothing rack, and naturally, a lawsuit followed in Federal Court based on Diversity Jurisdiction. Wei Ngai v. Old Navy, 2009 U.S. Dist. LEXIS 67117 (D.N.J. July 31, 2009). The Plaintiffs deposed the Gap’s General[…]
Read moreA criminal defendant appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn. Ct. App. 2009). The Defendant’s key argument at trial was challenging his victim’s credibility as the only witness to[…]
Read moreParenting has never been easy. Since cell phones starting having cameras, parents have had to talk to their teenage children about the dangers of “sexting.” For those who have never heard of this practice, it is taking photos of a sexual nature and sending them via text message. There is[…]
Read moreWilliams v. City of Franklin, 2009 U.S. Dist. LEXIS 33200 (M.D. Tenn. Apr. 16, 2009) is an ESI free for all. The case is a local political drama that sounds like a Hollywood production. There are threatening text messages from an alderman and then rummaging through an employee’s laptops for[…]
Read moreA “conspiracy” is an “agreement by two or more persons to commit an unlawful act.” Black’s Law Dictionary, Pocket Edition, 1996. Like a tango dance, a conspiracy takes a partner. However, the number of people in a conspiracy can quickly make it look like a square dance, with everyone needing to[…]
Read moreThe sensitivity courts are showing to text messages and public employees’ reasonable expectation of privacy has been very impressive. This sensitivity is evident in cases such as Quon v. Arch Wireless Operating Co., Inc., which found that a police officer had a reasonable expectation of privacy in his messages, due[…]
Read moreCan you have a reasonable expectation of privacy in text messages? This video clip from the CT Summation & Ivize webinar addressed this issue.
Read more