Don’t forget the cell phone…

Don’t forget the cell phone…

Plaintiff's failure to preserve her cell phone resulted in recommended dismissal of her case.  It doesn't take a forensic exam to preserve mobile device data.  There are a number of low cost or free options for preserving the data. Coyne v. LOS ALAMOS NATIONAL...

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New Rule + Old Case = Same Result

New Rule + Old Case = Same Result

Originally published on LinkedIn April 20th 2016 In this USDC of Southern Florida case (Brown Jordan v. Carmicle), the Court found the defendant had intentionally destroyed or withheld information from his work and home computers and phone. Defendant was prohibited...

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Bad Faith Defined by Computer Expert

Bad Faith Defined by Computer Expert

Originally published on LinkedIn May 26th 2016 Even though Defendants deleted plaintiffs' email account after she had filed an EEOC claim and the HR person that was also individually sued deleted her emails with the person that was hired to replace plaintiff, the...

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Fined for Collecting and Paying Taxes

Fined for Collecting and Paying Taxes

Originally published on LinkedIn May 26th 2016 This is an interesting case from our Washington State Supreme Court -  Cingular v Clyde Hill.  Cingular collected local utility taxes from its customers within Clyde Hill for a number of years and paid those taxes to the...

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Probably Right Result but a Tortured Path

Probably Right Result but a Tortured Path

Originally published on LinkedIN June 30, 2016 A key representative for plaintiff deleted a bunch of emails while involved in litigation because his email account was too full - according to his provider.  He had already produced email in the litigation, but then...

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Can We Stop the Misleading Headlines?

Can We Stop the Misleading Headlines?

Originally published on LinkedIn July 14, 2016 Unfortunately in our busy lives too many of us seem to obtain our information from nothing more than the headlines which are all too often misleading.  This story is a perfect example.  Sharing your Netflix Password is...

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No More Apple Pie for the FBI

No More Apple Pie for the FBI

For years, law enforcement agencies across the world have been sending locked iPhones to Apple and Apple has been serving up the data from these phones like a piece of Apple pie (with the appropriate subpoena or search warrant).  When Apple released the iOS 8...

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