Interesting Article by Stephen Kramarsky on the Extent Common Law Torts Guard Access to Online Content

November 24, 2010 in e-Discovery by David Hricik

The article is here. Query: suppose you are using informal discovery means to access this information. It is discoverable (see below); you can’t use deception to access it (see below);
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Another Court Recognizes the Obvious: Marking it Private Doesn’t Shield it from Discovery in the Real, or Virtual, World

November 11, 2010 in Confidentiality, e-Discovery by David Hricik

Romano v. Steelcase is here. It holds that putting a photo on a “private” Facebook page doesn’t magically make the photo undiscoverable… just as putting it in a folder labeled
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Not really news, but: Material on Social Networking Sites, Though “Private,” Still Discoverable if Relevant

October 1, 2010 in e-Discovery, Social Networking by David Hricik

There’s a new New York case here. I don’t see this as news, since putting “private” on my diary doesn’t make it immune from discovery (if it’s relevant, and, come
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Digital Copiers and Their Hard Drives: Ethical Risk?

June 12, 2010 in e-Discovery by David Hricik

There’s a great story by CBS here concerning the fact that for the last eight years, most digital copies contain a hard drive that retains an image of the last
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Florida Bar asks for Input on How to Dispose of Data

June 11, 2010 in e-Discovery, Florida by David Hricik

The story is here.

Digital Voicemail: Practically Useful, but a Litigation Landmine?

October 9, 2009 in e-Discovery by prfhricik

There’s an interesting article on this subject here.

Mercer Law Symposium on Ethical issues in Digital Age Published on Line

May 29, 2009 in e-Discovery, Electronic Files, Internet Use by prfhricik

Professors Monroe Freedman, Andrew Perlman, and a slew of judges and other experts participated at Mercer Law School’s symposium on ethical issues in the digital age, and the transcript is
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by PeterK

Attorneys may need to make full disclosure when before accessing Facebook and social media sites

April 21, 2009 in e-Discovery, Ex Parte Communications, Pennsylvania, Social Networking, Websites by PeterK

The Philadelphia Bar Association’s Professional Guidance Committee addressed the question of an attorney trying to access Facebook and Myspace accounts of a third party witness in Ethics Opinion 2009-2 (March
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