Category Archives: Legal Technology

Courtroom Objections – An iPhone App

26 Saturday Oct 2019

Posted by in Apps, Evidence, iPhones, Legal Technology, Objections

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Review: Courtroom Objections — trial assistance on your iPhone, iPhone J.D., by Jeff Richardson

https://www.iphonejd.com/iphone_jd/2019/10/review-courtroom-objections.html

Jeff Richardson shares Anthony Shorter’s updated app, Courtroom Objections.  Think of it as a cheat sheet to evidentiary objections and responses for federal and some state courts. Currently, the app covers federal court and these state jurisdictions: AZ, CA, CO, FL, GA, IL, IN, LA, MD, MA, MI, NJ, NY, OH, PA, TX, UT, WI.

The only downside I see to the convenience of this app is that federal courts forbid cell phones and your state court might as well. Even if your court allows cell phones, it is still awkward – or forbidden – to use your iPhone at the counsel table in front of a judge or jury. But in depositions or other settings, it would be a useful and handy tool, especially new lawyers or paralegals.  -CCE

Need Free Help With Excel or Word Software?

13 Tuesday Aug 2019

Posted by in Excel, Law Office Management, Legal Technology, Word

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Tips.net, Sharon Parq Associates©2019

https://www.tips.net/index.html

I stumbled across these technology tips some time ago. I love technology. But, like everyone, if I do not use it often, I often forget a step or get stuck. When I need a hand, I have found the tips on Word and Excel especially helpful. Even better, both the Word and Excel tips have newsletters and answer questions from readers.  -CCE

 

Make Your PDF Document Edit-Proof – Lock It Down!

13 Thursday Dec 2018

Posted by in Adobe Acrobat, Legal Technology

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How To *Really* Lock Down a PDF Document, by Catherine Sanders, Catherine’s Call, ncbarblog

https://ncbarblog.com/how-to-really-lock-down-a-pdf-document/

Although I have worked in multiple areas of the law, I cannot think of one in which I did not use Adobe Acrobat. Even if you do not have the latest version, Adobe Acrobat DC (which I love), you need to learn how to “lock” your document so that no one outside of your office can edit it in any way.

There is a definite danger in becoming complacent and not staying up to date with technology. Keeping up to date can be expensive. You and others may also have a short learning curve to retrain on new software.

But, think about it. We constantly retrain ourselves in the legal world. Court rules, case law, and statutes change, and we are ethically bound to learn and  them. I cannot count how many versions of WordPerfect, Word, Adobe Acrobat, or case management software I’ve learned over the years. Retraining is simply a necessary fact of life when you are a legal professional.

I like this post for several reasons. First and foremost, it not only tells you, but shows you, how to lock down your .pdf document. Second, it shows you how to use some Adobe functions you might not normally use, which adds to your skill set. This one is a keeper! -CCE

ParkMobile App – Thank you, Jeff Richardson!

07 Wednesday Nov 2018

Posted by in Apps, Legal Technology

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Challenging a parking ticket with the ParkMobile app, by Jeff Richardson, iPhone J.D.

https://bit.ly/2yVIvsP

If you work or live anywhere that uses ParkMobile as a replacement for old-fashioned parking meters, you are going to love this. Imagine the ability to pay, add time to your parking meter, or even reserve your parking spot. Mr. Richardson’s post provides more interesting details that you don’t want to miss.

I have already looked and yes, ParkMobile is in my state and on the street where I work. With this app, you can find, reserve, and pay for your parking spot in 350 cities. Look for your parking spot now at https://parkmobile.io/locations. Sweet. -CCE

E-Filing Tips.

09 Sunday Sep 2018

Posted by in E-Filing, Law Office Management, Legal Technology, Office Procedures, Technology

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E-Filing Tips for Attorneys, by Smokeball

https://www.smokeball.com/blog/e-filing-tips-for-attorneys/

Are you an e-filing superstar or novice? Regardless of your court jurisdiction, Smokeball has provided tips that cross jurisdictional lines. These are more common-sense suggestions rather than tips specific to a particular court, and worth your time. Smokeball includes a commercial for its product. Even if Smokeball is not your cup of tea, the underlying premise is a good one. -CCE

With the advent of e-filing comes new challenges and opportunities for mistakes. Some e-filling mistakes are caused by poor planning, clunky software or even something as simple as a setting in your inbox. To help you stay on top of your e-filling, here are five e-filing tips to help you avoid e-filing pitfalls.

‘[A] computer lets you make more mistakes faster than any invention in human history – with the possible exception of handguns and tequila.’[1]

Use a Separate and Distinct E-Filing Email Address

Did you know that the average person receives about 120 emails everyday?

If you are like most people, you have to sift through the clutter to get to emails that are important. But, because you get so many emails everyday, you may overlook or mistakenly delete an important email.

With mandatory e-filing, every attorney is required to provide a primary email address and up to two secondary email addresses on all appearances and documents filed with the court.[2] This means that not only will you electronically file documents, you will also receive documents filed by other parties via email.

As you list your primary email address on your appearance, don’t use your personal email address as your primary address. Create a separate email address for e-filing to help you stay organized. A dedicated email address for e-filing will ensure that all notices are sent to one central address. This allows other members of your firm to access emails and look for notices from the courts specifically for your cases. Also, when you are out of the office, others can cover and look out for any actions taken on cases.

Check Your Junk and Spam Folders

Another simple but overlooked e-filing tip is checking your spam folder.

Everyday you receive junk or spam mail that clogs up your mailbox. Because of the countless number of junk mail we receive each day, our mail servers have filters that uses a set of protocols to determine what is junk and what are legitimate emails. However, there are times that legitimate emails are caught by an aggressive filter. For attorneys, that could potentially be an e-filling.

To ensure that you don’t miss a notice from the court or opposing counsel, make sure to check your junk mail folders. Also, don’t set your junk mail folder to delete automatically. You don’t want to make a mistake of missing a deadline because it was stuck in the junk mail folder and then auto-deleted.

Whitelist Important Senders

A whitelist is a list of email addresses or domain names that you provide that allows your junk mail or spam filter will allow through into your inbox. I recommend that you put the domain names of the courts and clerk’s offices on your whitelist.  Also, enter opposing counsels and key clients on the whitelist to ensure that emails are not blocked. It’s important to keep your whitelist updated as people and organizations change email addresses or domain names.

Check the Online Court Docket

It’s easy to rely on emails and notifications for new events on your cases, but don’t rely on emails to stay on top of your cases. It’s still a best practice to check the court’s docket online to ensure that no new action or orders were entered. There may be instances where emails were blocked, sent to the wrong address, or other technical glitches causing you to not receive a notice. Create a protocol to check the court’s online docket every 2 to 3 weeks on all your active cases.

Don’t Wait ’till the Last Minute

Supreme Court Rule 9(d) provides that you have until midnight to electronically file a document and still have it considered as filed that same day.  However, don’t wait till the last minute to file a document. E-Filing is a new process and there may be technical issues that you will encounter at the last minute. You may lose your internet connection, lose power, have computer issues, etc., which can cause you to miss your deadline.

Make sure your computer is up to date and have your anti-virus updated. Use a legal practice management system to ensure your data is backed up and you can collaborate with other members of your firm just in case something goes wrong with your computer.

E-filing with Legal Practice Management Software

It’s more important with e-filing to have all your case and critical data in a digital file, where you store all documents, emails, and other important case details in one central location. Enter Smokeball.

Smokeball not only allows you to keep all your information in one central place, you have access to over 14,000 automated legal forms, the most comprehensive automated legal forms library in the industry.

For attorneys in Illinois, Smokeball’s integration with InfoTrack allows you e-file directly from your practice management software. To learn more, see the software for yourself.

[1] Mitch Ratcliffe (quoted in Herb Brody, The Pleasure Machine: Computers, Technology Review, Apr. 1992, at 31).

[2] Rule 11, Rule 131(d)(1)

 

Why Automatic Deletion of Spam Email Causing Failure to File a Timely Appeal Is Not Excusable Neglect.

30 Saturday Sep 2017

Posted by in Calendar/Docketing, Emails, Law Office Management, Legal Ethics, Legal Technology, Office Procedures, Technology

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(With hat tip to William P. Statsky)

My home email software has a spam folder where unwanted emails go to die – eventually. I must deliberately choose to send an email to the spam folder. Then, I must decide whether let it remain in perpetual limbo as spam, block it, or delete it.

Imagine the number of emails routinely sent and received by most law firms.  My computer’s email setup would not be practical.  But, when it comes to email configuration, there are good choices and bad ones. A Florida law firm rejected recommended safeguards to snag spam and allow someone, other than the computer, to decide whether to delete the email. That decision, along with others, turned out to be a bad call.

Here are the facts. The trial court’s court clerk served an order by email on the parties. The order awarded a significant amount of attorney fees to the appellee. The appellant claimed it did not receive the emailed order, which is why it failed timely to file an appeal. What happened? The firm’s email system automatically deleted the court clerk’s email and attached order as spam.

The appellant appealed and asked the court to vacate the original order and reenter the order to allow the appellant to appeal. Its email deletion error was “excusable neglect.” Not so said that trial court, and the Florida’s First District Court of Appeal affirmed.

The appellate court gave several specific reasons for rejecting the appellant’s argument.  First, the review of the court clerk’s email logs confirmed that the email with the court’s order was served and received by the law firm’s server. Second, the law firm’s email configuration made it impossible to determine whether the firm’s server received the email. Third, the law firm’s former IT specialist’s advice against this configuration flaw was deliberately rejected by the law firm because its alternative cost more money.

The trial court concluded the law firm made a conscious decision to use a defective email configuration merely to save money, which was not “excusable neglect.”

Another nail in the coffin was testimony by the appellee’s attorney. His firm assigned a paralegal to check the court’s website every three weeks to safeguard that his firm would not miss any orders or deadlines.  The court held that the appellant had a duty to check the court’s electronic docket.

What’s the moral here? Lawyers must configure their computer systems to prevent this costly error. And they must employ a “meaningful procedure” to prevent the series of events that caused this fatal error.

I rather liked the idea of the paralegal assigned to check the court’s online file. In this instance, the paralegal checked it every three weeks. I would modify this depending on the notice time required by your court’s rules.

I recommend reading the entire opinion for its analysis on “excusable neglect.” You can find the opinion here: http://bit.ly/2xI3gGB. -CCE

The New Standard for Password Protection.

08 Friday Sep 2017

Posted by in Cybersecurity, Legal Technology, Passwords

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Best Practices for Passwords Updated After Original Author Regrets His Advice, by Nick Statt, The Verge

http://bit.ly/2ujlSyz

Did you ever use the word “password” as your password or work for someone who did? Maybe you added “1” at the end to make it more difficult to crack? Before we knew about the dangers of Internet hacking, we often used the same password for everything.

Now most of us use intricate passwords with upper and lowercase letters, numbers, and symbols, and never use the same password twice. Why? Because people like Bill Burr told us that was the best way to stay secure on the Internet.

Unfortunately, using irregular capitalization, numbers, and special characters, made our passwords easier to predict. We made it worse. We got lazy.  When we changed our passwords, often we would replace only a character or two at the most. This made our passwords easier to crack, and did little or nothing to make them more secure.

Now Mr. Burr encourages us to ignore his earlier advice, even though some of these complex passwords have stood the test of time. Unless you use a password generator, the advice now is to use random phrases that have no apparent connection. Happily, they are easier to remember and harder to crack at the same time. -CCE

Law Firm Email Encryption – Are You Ethically Compliant?

11 Thursday May 2017

Posted by in Clouds, Confidentiality, Emails, Ethics Opinions, Law Office Management, Legal Ethics, Legal Technology, Rules of Professional Responsibility, Technology, Technology

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ABA Issues New Ethics Opinion on Encryption of Attorney-Client Email, Jim Calloway’s Law Practice Tips Blog

http://bit.ly/2qy8J2a

Does your state have an ethics opinion about encryption of your firm’s email? Do you use encryption? Do you use a secure cloud based platform? If you are not sure, don’t you think you should check?

Most law firms frequently use email over fax and regular mail to communicate with their clients, their expert witnesses, and opposing counsel. What is your obligation to ensure confidentiality of your firm’s email, and are you meeting it?

The ABA’s ethics opinion is instructive, as well as the Texas ethics legal opinion referred to by Mr. Calloway at the end of his post. -CCE

Do You Use the Cloud for Document Storage or Production? Read This First.

28 Tuesday Feb 2017

Posted by in Attorney Work Product, Attorney-Client Privilege, Clouds, Confidentiality, Discovery, Dropbox, Emails, Encryption, Evidence, Insurance Defense, Legal Ethics, Legal Technology, Litigation, Passwords, Privilege and Confidentiality, Requests for Production, Sanctions, Subpoena Duces Tecum

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Upload To File-Sharing Site Was Like Leaving Legal File On A Bench, Judge Says; Privilege Is Waived, by Debra Cassens Weiss, ABA Journal©

http://bit.ly/2mxwEcF

Many use the cloud for file storage and sharing when attachments are too big to send by email. If you use the cloud for storage, file-sharing or transfer, document management, project management, or anything similar, here is a cautionary tale.

The plaintiff insurance company sued the defendants, and sought a declaratory judgment on the defendants’ claim of loss by fire. The plaintiff’s investigator uploaded the entire claims file, including surveillance footage, to a drop-box cloud, Box, Inc. The link had no encryption or password. Access to the link alone allowed anyone to see the file.

He then sent the link by email to the plaintiff insurance company, who sent it to the insurance company’s attorneys, who inadvertently sent it the defendants’ counsel in response to a subpoena duces tecum.

The defendants’ counsel looked at it, but didn’t tell the plaintiff they had seen the privileged and confidential information. Inevitably, the defense sent the information back on a thumb drive to the plaintiff’s attorneys during discovery.

After vigorous arguments about confidentiality, work-product doctrine, attorney-client privilege, and disqualification of defense counsel, the facts and court’s reasoning make this an interesting read. -CCE

Email Spam or Have I Got A Deal For You!

25 Friday Nov 2016

Posted by in Emails, Law Office Management, Legal Technology, Technology

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The Holidays Bring More Email Threats, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2016/11/holidays-bring-email-threats.html

I may be the luckiest person in the world. I receive emails almost daily from people I do not know who want to give me money. I’ve won the lottery or I’m offered a fantastic job as a “mystery shopper.” And, boy, do I win a lot of stuff! Of course, none of this is true.

On the flip side, the tone may be more menacing. Emails from banks and credit cards saying they need me to respond to address a delinquent account or that someone has used my account. I do not have accounts with these folks.

Even with my firewall and my attempts to avoid viruses, Trojan horses, and other attacks on my computer, bogus emails and spam walk right in. I block these emails, mark them as “junk,” and they still come. I suspect many of you get the same things.

Make no mistake. You and I are targets. -CCE

Hacks and Cyberware Are Becoming More Commonplace Than Ever. Do You Know How to Safeguard Your Firm And Home Computer?

06 Sunday Nov 2016

Posted by in Cybersecurity, Legal Technology

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Seven Rules to Stay Safe Online in a Scary Digital Age, by Larry Port, Legal Productivity

http://bit.ly/2eegLYd

If your nerves haven’t been rattled by the October 21st DNS attacks, they should have been. The hysterical tenor of the US election drowns everything out, but this news was a real doozy. Many sites, including Twitter, Spotify, and AirBnB were inaccessible due to one of the largest denial of service attack ever.

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So given the state of a possible escalating cyberwar, how is an attorney to stay safe? Start by making sure you understand and live by these basic security rules . . . .

Continue reading →

Need to Turn Your iPad Into Second Monitor? There’s an App for That.

22 Monday Aug 2016

Posted by in Law Office Management, Legal Technology, Technology, Time Management, Windows

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This App Turns Your iPad Into a Second Monitor, by Robert Ambrogi, LawSites Blog

http://www.lawsitesblog.com/2016/08/app-turns-ipad-second-monitor.html

When you start using two monitors, many of us are hooked. My favorite feature is the ability to drag documents and websites back and forth. Imagine having a spreadsheet or other document open on one screen, and the document or source of the information you need on the other screen. If you need to keep an eye on email or your docketing calendar, you can keep it up on one screen and work using the other. (If you do not have a second monitor, you can access your other open windows using Alt-Tab.)

I can understand why Mr. Ambrogi is excited about this app. -CCE

I am so dependent on a second monitor that I no longer feel productive without one. That can be a problem when I am away from my office. It is especially a problem when I travel and am hunkered down in a hotel room with important work to get done.

Then I discovered Duet Display, the app that turns your iPad into a monitor.

Get Your Head Out of the Sand.

07 Sunday Aug 2016

Posted by in Continuing Legal Education, Ethics Opinions, Legal Ethics, Legal Technology, Recent Links and Articles, Rules of Professional Responsibility, Technology

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Another Two States Adopt Ethical Duty of Technology Competence, by Robert Ambrogi, LawSites Blog

http://bit.ly/2b22uwA

Ambrogi includes a link to all states that have adopted an ethical duty of technology competence. My state is not yet one of them, but there is still no excuse.If your state has not yet adopted this ethical requirement, it is only a matter of time.

I know there are so much technology out there that it is hard to know exactly what you’re supposed to know and what you can pass by. But it’s your duty to find out, and not rely on staff to do it for you. -CCE

As I continue to track the states that have adopted the ethical duty of technology competence, I have two more to add, bringing the total to 23.

Continue reading →

Why Creating A Timeline Will Help Your Case.

04 Monday Jul 2016

Posted by in Legal Technology, Litigation, Timelines, Trial Tips and Techniques

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How to Create a Timeline For Your Case: First Steps to Take and Choices to Make, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/08/how-to-create-a-timeline-for-your-case/

In litigation, almost every case will benefit from a timeline that lays out key facts and circumstances in a chronological order. The process of making a timeline can help you, the attorney, organize and strengthen your argument, and the end result is a clear and compelling visual presentation that will help all parties involved better understand your case.

But, which program should you use to create it? This is one question where there is simply no single best answer, and a lot depends on the forum you intend to use the timeline in. This post covers some benefits and drawbacks to different timeline tools and formats so you can determine which to use. To see a variety of timeline samples, please our timeline and portfolio sections of our website.

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Word Domination.

29 Wednesday Jun 2016

Posted by in Legal Technology, Microsoft Office, Word

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Dear Lawyers: It’s Not Word, It’s You, by Barron Henley, Lawyerist.com Blog

http://bit.ly/28X55l1

Here are two important facts about Microsoft Word:

Fact 1: 100% of the formatting problems you’ve experienced when drafting new documents can be completely avoided before they occur.

Fact 2: When editing a document someone else drafted, any formatting glitches can be resolved in just a few clicks, no matter how bad of a mess it is.

Unfortunately, the foregoing facts are true only if you have mastered Word.

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Who Needs Apple’s Help To Unlock Their iPhone?

23 Saturday Apr 2016

Posted by in Apple, Cell Phones, iPhones, Legal Technology

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Feds (Once Again) Gain Access to iPhone Without Apple’s Help, by David Murphy, PC Mag.com

http://www.pcmag.com/news/343970/feds-once-again-gain-access-to-iphone-without-apples-help

Stop us if you’ve heard this one. Federal prosecutors no longer need Apple’s assistance in unlocking an iPhone in a Brooklyn drug case, as investigators have found a way to do so themselves. It’s the second major case recently where the government has attempted to demand Apple’s help but, before a judge granted the government’s request, the Justice Department managed to unlock the iPhone in question. . . .

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More Extensions and Add-On’s To Make Your Day More Productive.

12 Tuesday Apr 2016

Posted by in Extensions and Add-Ons, Legal Technology

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Productivity in Your Browser: Extensions and Add-Ons for Lawyers, by Tim Baran, Legal Productivity

http://www.legalproductivity.com/practice-management/browser-extensions-legal/

Do these things really make us more productive? For me, sometimes yes and sometimes no, but always worth checking out. -CCE

Extensions and add-ons increase productivity by adding new features and enhancing the functionality of web browsers and applications. Here are a few that lawyers will find useful.

Continue reading →

“Smart” Cars and Hackers – We Should Have Seen This One Coming.

06 Wednesday Apr 2016

Posted by in Computer Forensics, Computer Fraud and Abuse Act, Cybersecurity, Identity Theft

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Markey Report Reveals Automobile Security and Privacy Vulnerabilities, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/markey-report-reveals-automobile-security-privacy-vulnerabilities/

New standards are needed to plug security and privacy gaps in our cars and trucks, according to a report released today by Senator Edward J. Markey (D-Mass.). The report, called Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk and first reported on by CBS News’ 60 Minutes, reveals how sixteen major automobile manufacturers responded to questions from Senator Markey in 2014 about how vehicles may be vulnerable to hackers, and how driver information is collected and protected. . . .

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Need An Excel Formula Cheat Sheet? Here You Go!

17 Thursday Mar 2016

Posted by in Excel, Legal Technology

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Your Excel Formulas Cheat Sheet: 15 Tips For Calculations And Common Tasks, by J.D. Sartain, PC World

http://bit.ly/1R7v5d7

Many of us fell in love with Excel as we delved into its deep and sophisticated formula features. Because there are multiple ways to get results, you can decide which method works best for you. . . .

Evernote Users, Take Note – OneNote, That Is.

15 Tuesday Mar 2016

Posted by in Evernote, Legal Technology, OneNote

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Microsoft Goes After Evernote With OneNote Transfer Tool, by Angela Moscaritolo, PC World

http://www.pcmag.com/article2/0,2817,2500700,00.asp

Redmond [Microsoft] just fired the first battle shot, releasing a tool that lets you easily transfer all your to-dos from Evernote to its own OneNote service. . . .

While both services are available across platforms, OneNote offers additional benefits like free offline access to notes on mobile, unlimited monthly uploads, and the ability to “write anywhere on the page with free-form canvas,” Microsoft said. . . .

Continue reading →

Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

Posted by in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions

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Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog

http://bit.ly/1Rqmnc0

In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .

Case Background

In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .

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E-Filing Your Tax Return? Read This Before You Hit “Send.”

13 Saturday Feb 2016

Posted by in Cybersecurity, E-Filing, Encryption, Identity Theft, Internal Revenue Service, Legal Technology, Tax Law

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Hackers Trying to Steal Your Tax Refund With Stolen SSNs, by Angela Moscaritolo, PC World

http://bit.ly/1O8kgVv

[T]he IRS on Tuesday announced that hackers recently attempted to use some 464,000 stolen Social Security numbers and an automated bot to generate E-file PINs, which can be used to electronically file a tax return. The incident occurred last month, and the hackers were able to successfully access an E-file PIN with 101,000 of the SSNs.

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Last year, Turbo Tax temporarily halted e-filing for state returns across the U.S. after it found ‘an increase in suspicious filings and attempts by criminals to use stolen identity information to file fraudulent state tax returns and claim tax refunds.’

App Honey Pot for Lawyers and Other Legal Professionals.

13 Saturday Feb 2016

Posted by in Apps, Clouds, Document Retention, Dropbox, Evernote, Google, Law Office Management, Legal Technology, Management, Marketing, Office Procedures, Technology, Time Management

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50+ Apps and Services to Manage and Grow Your Law Practice, by Tim Baran, Legal Productivity Blog

http://bit.ly/1O8iPGC

[H]ere’s a list culled from feedback from solos and small firm lawyers and administrators, my own experience, and lots of research, that will help to optimize the day-to-day management and growth of your practice. . . .

Continue reading →

Technology is Great, But Are You Safe?

13 Saturday Feb 2016

Posted by in Clouds, Cybersecurity, Legal Technology, Video, Wi-Fi

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The Unintended Consequences of the Internet of Things, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2016/02/the-unintended-consequences-of-the-internet-of-things.html

How close is Big Brother – or someone worse? Too darn close, says Jim Calloway. The question? What do we do about it? -CCE

Refrigerators that automatically help you prepare your shopping list. Thermostats that adjust the temperature to your liking when they detect you are heading home on your commute. A device on the front door that sends a picture to you of everyone who rings the doorbell while you are away. All of these ideas seem great and maybe even a bit magical, and they are headed your way right now. The concept of the Internet of Things (IoT) holds a lot of promise.

Unfortunately, as with all things related to technology, it may not be quite that simple. . . .

Continue reading →

Clients – Don’t Wipe That Cell Phone!

06 Saturday Feb 2016

Posted by in Android Phones, Blackberry Phones, Cell Phones, Discovery, E-Discovery, Evidence, Forensic Evidence, iPhones, Legal Technology, Preservation, Sanctions, Spoilation

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Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone, by Doug Austin, eDiscovery Case Law

http://bit.ly/1K5mzxO

In Woodell v. Bernstein, et. al., No. 14-2836 (Cal. App., Dec. 30, 2015), the California Court of Appeals affirmed the judgment of the trial court, which imposed terminating sanctions against the plaintiff for spoliation of evidence and dismissed his lawsuit with prejudice after the plaintiff had wiped his cell phone, which was key to the case. . . .

Continue reading →