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The Researching Paralegal

Tag Archives: Hard Drives

Imaging A Hard Drive = Making A Copy And Within Plain Meaning Of Taxation Of Costs.

19 Thursday Mar 2015

Posted by Celia C. Elwell, RP in Attorney Fees and Costs, Depositions, Discovery, E-Discovery, Hard Drives, Taxation of Costs, Video Deposition

≈ Comments Off on Imaging A Hard Drive = Making A Copy And Within Plain Meaning Of Taxation Of Costs.

Tags

Bow Tie Law Blog, E-Discovery, Hard Drives, Josh Gilliland, Taxation of Costs, Video Depositions

Stating Reality: Imaging a Hard Drive Makes a Copy, by Josh Gilliland, Esq., Bow Tie Law

https://bowtielaw.wordpress.com/2015/03/19/stating-reality-imaging-a-hard-drive-makes-a-copy/

Taxation of cost cases do not generally have happy endings for recovering eDiscovery costs. The United States Court of Appeals for the Sixth Circuit issued a very important opinion on March 17, 2015 well grounded in the reality of civil litigation and the law where eDiscovery costs were recovered.

It also takes a swing at Race Tires, which is always a welcome read.

The Court of Appeals held that the cost of video deposition synchronization and transcript were properly taxed. Colosi v. Jones Lang LaSalle Ams., Inc., 2015 U.S.  App. LEXIS 4184, 2-3 (6th Cir. Ohio 2015). The Trial Court had determined the synchronized video deposition was ‘reasonably necessary’ and the opposing party never explained how the costs were either unreasonable or unnecessary. Id.

For anyone who has conducted deposition review, this is good news. I have spent many hours reviewing depositions and video depositions. ‘Reasonably necessary’ is an understatement. Synced video depos allow you to understand the context of the testimony. A simple question and answer in a transcript can look harmless, but if the video shows the deponent turning bright red, biting his lip, and answering the question with his teeth clinched, you know that testimony is important. . . .

Continue reading →

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Time For A New Office Computer?

19 Monday Jan 2015

Posted by Celia C. Elwell, RP in Apple, Computer Forensics, Confidentiality, Law Office Management, Legal Ethics, Legal Technology, PC Computers, Technology, Technology

≈ Comments Off on Time For A New Office Computer?

Tags

Ball in Your Court, Client Files, Computers, Confidentiality, Craig Ball, Hard Drives, Personal Data

Give Away your Computer, Revisited, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2015/01/14/give-away-your-computer-revisited/

This is the fourth in a series revisiting Ball in Your Court columns and posts from the primordial past of e-discovery–updating and critiquing in places, and hopefully restarting a few conversations. As always, your comments are gratefully solicited.

Give Away Your Computer 

[Originally published in Law Technology News, July 2005]

With the price of powerful computer systems at historic lows, who isn’t tempted to upgrade? But, what do you do with a system you’ve been using if it’s less than four or five-years old and still has some life left in it? Pass it on to a friend or family member or donate it to a school or civic organization and you’re ethically obliged to safeguard client data on the hard drive. Plus, you’ll want to protect your personal data from identity thieves and snoopers. Hopefully you already know that deleting confidential files and even formatting the drive does little to erase your private information—it’s like tearing out the table of contents but leaving the rest of the book. How do you be a Good Samaritan without jeopardizing client confidences and personal privacy? . . . .

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What Is The Case About And What Are You Looking For?

17 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Hard Drives, Preservation, Requests for Production

≈ Comments Off on What Is The Case About And What Are You Looking For?

Tags

Ball in Your Court, Computer Forensic Specialist, Craig Ball, E-Discovery, Hard Drives, Special Masters

Don’t Try This at Home, Revisited, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2015/01/16/dont-try-this-at-home-revisited/

This is the fifth in a series revisiting Ball in Your Court columns and posts from the primordial past of e-discovery–updating and critiquing in places, and hopefully restarting a few conversations. As always, your comments are gratefully solicited.

Don’t Try This at Home

[Originally published in Law Technology News, August 2005]

The legal assistant on the phone asked, “Can you send us copies of their hard drives?”

As court-appointed Special Master, I’d imaged the contents of the defendant’s computers and served as custodian of the data for several months. The plaintiff’s lawyer had been wise to lock down the data before it disappeared, but like the dog that caught the car, he didn’t know what to do next. Now, with trial a month away, it was time to start looking at the evidence.

“Not unless the judge orders me to give them to you,” I replied. . . .

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Government Can Access Individual’s Gmail Account In Money Laundering Probe.

27 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Computer Forensics, Crime Scene Investigation, Criminal Law, Cybersecurity, Discovery, E-Discovery, Emails, Evidence, Experts, Forensic Evidence, Forensic Evidence, Forensic Expert Witness, Fourth Amendment - Search & Seizure, Google, Internet, iPad, iPhones, Legal Technology, Mac, PC Computers, Privacy, Search Warrants, Tablets, Trial Tips and Techniques, U.S. District Court for the District of Columbia, U.S. District Court for the Southern District of New York

≈ Comments Off on Government Can Access Individual’s Gmail Account In Money Laundering Probe.

Tags

Computers, Email, Evidence, Forensic Experts, Gmail, Google, Hard Drives, Magistrate Judge Gabriel W. Gorenstein, Money Laundering, Search & Seizure, Warrants

Federal Judge Rules Gmail Account Can Be Accessed For Investigation, by evanino in Evanino Blog

http://www.evanino.com/federal-judge-rules-gmail-account-can-accessed-investigation/

In a landmark ruling that might fuel a nationwide debate, the New York Court issued a warrant against Google, giving access to user emails.

A New York Court issued a warrant against Google Inc ruling that the government can access all mails of a Gmail account of an individual under a money laundering probe. The judge said that courts have long been waiting for law enforcement to take the required documents in the custody if it is within the purview of the warrant.

Contrary to previous rulings

This decision is not in line with the previous court rulings including courts in the Districts of Columbia and Kansas, Magistrate Judge Gabriel W. Gorenstein of the U.S. District Court for the Southern District of New York noted on Friday. Also, this latest ruling will spark a debate over the privacy, in the country, according to Computer World.

A District of Columbia judge denied from revealing the entire content of the email as this will seize a large amount of emails for which the authorities have not given any reason.

The Court in Kansas, also, did not rule in favor of a similar warrant, stating that it failed to ‘limit the universe of electronic communications and information to be turned over to the government to the specific crimes being investigated.’

However, the New York Court ruled in favor of such warrant, allowing authorities to take into account the emails and other information from a Google inc’s Gmail account, including the address book and draft mails, and also the authority to search the emails for certain specific categories of evidence.

Experts must scan emails, not Google employee

Judge Gorenstein argued that it is not possible to search the hard-disk drives of computers and other storage devices on the spot due to the complexities of electronic searches. Thus, the authorities can seize such storage.

‘We perceive no constitutionally significant difference between the searches of hard drives just discussed and searches of email accounts,’ the judge wrote. He added that in most of the cases data in an email account will be less ‘expansive’ compared to the information contained in the hard drive.

Judge Gorenstein stated that Google employees are not expert enough to know the importance of particular emails without having been given proper training in the substance of the investigation. Judge said this in response to an opinion by the District of Columbia court that gave the government the option of getting the email scanned by the host itself.

He said that an agent, who is completely absorbed in the investigation, will be able to understand the importance of a particular language in emails contrary to the employee.

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PC World’s Answer Line — Solutions to Various Computer Problems.

11 Sunday May 2014

Posted by Celia C. Elwell, RP in Computer Virus, Legal Technology, Malware, Microsoft Office, PC Computers

≈ Comments Off on PC World’s Answer Line — Solutions to Various Computer Problems.

Tags

Answer Line Solutions, Gmail, Hard Drives, IP Address, Lincoln Spector, Malware, Microsoft Office, PC Computers, PC World, Wi-Fi

Answer Line Solutions, Tips and Answers for PC Problems from Lincoln Spector, PC World

http://www.pcworld.com/column/answer-line/

You may not want or have the skills to build or fix your PC computer. But no doubt there are a few things you would like to do for yourself, such as, recovering a deleted file? What about setting — and keeping — a preferred default font in Word or recovering files after a malware attack? Even if you are tech-challenged, this site answers all types of questions in a language anyone can understand. Browse a while. You may find something that interests you. -CCE

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If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

09 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Confidentiality, Databases, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology, Litigation Hold, Metadata, Native Format, Office Procedures, Preservation, Sanctions, Technology

≈ Comments Off on If Your Copier Has A Hard Drive, Is Its Stored Data Susceptible to E-Discovery?

Tags

Adolph J. Levy, Copiers, Digital Devices, Discovery, Document Retention, E-Discovery, Fax Machines, Hard Drives, Out-Of-The-Box Lawyering Blog, Requests for Production

Be Aware: Copying Machines Can Have Hard Drives And Store Copies – That’s Potential Out-Of-The-Box Discovery, by Adolph J. Levy, Out-Of-The-Box Lawyering Blog

http://tinyurl.com/mmpkd5h

Did you know that some copying machines have hard drives and store digital copies of the copies they have made? Or that the hard drives could even contain 25,000 copies that have been made? Copier + Hard Drive: A Dangerous Combination.

Lawyers are used to discovering e-mail, but now what about using discovery to find copies that a opposing party made over time? Wouldn’t you like to be at your opponent’s office and see the originals of all the copies that were being made?

Well, now, fortunately — or unfortunately — you might be able to. . . .

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