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Tag Archives: Text Messages

Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

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

≈ Comments Off on Litgation Hold – Too Little Too Late.

Tags

Doug Law, E-Discovery, eDiscovery daily Blog, Emails, Litigation Hold, Police, Sanctions, Text Messages

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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Are iPad Text Messages Protected Under Your State’s Wiretapping Laws?

30 Tuesday Jun 2015

Posted by Celia C. Elwell, RP in Admissibility, Appellate Law, Case of First Impression, Evidence, Government, Intellectual Property, iPad, Legal Technology

≈ Comments Off on Are iPad Text Messages Protected Under Your State’s Wiretapping Laws?

Tags

iPad, Pennsylvania Wiretapping and Electronic Surveillance Control Act, Privacy, Text Messages, The Democratic Underground.com, Wiretapping

iPad Texts Not Private Under Wiretap Act | The Legal Intelligencer*, The Democratic Underground.com

(The Legal Intelligencer requires subscription but is free for 5/mo articles.)

http://www.democraticunderground.com/10026893652

iPads are popular in the legal and business world. It would be a good idea to check your state’s wiretapping law and determine whether your client’s and your own text iPad messages have a reasonable expectation to privacy. -CCE

An iPad does not fall within the telephone exemption under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and users of the device do not have a reasonable expectation of privacy when it comes to sending text messages, the state Superior Court has ruled in a case of first impression. . . .

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Using Social Media In Police Criminal Investigations.

12 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Criminal Law, iPhones, Legal Technology, Video

≈ Comments Off on Using Social Media In Police Criminal Investigations.

Tags

Cell Phones, Criminal Law, EvidenceProf Blog, Facebook, Jeff Bellin, Social media, Text Messages, Twitter

Monitoring Social Media: The New Face of Criminal Investigations, by Jeff Bellin, EvidenceProf Blog

http://tinyurl.com/lccsvkq

A recent story illustrates the bonanza of social media evidence police can obtain without ever leaving the station.

From the Richmond Times Dispatch, someone allegedly crashed a van into a Richmond area high school.

‘After the crash, which occurred about 1:30 a.m., investigators monitored Twitter, Facebook and other social media sites for information on who may have been responsible. The effort paid off, police said.

In addition to incriminating tweets, text messages and phone calls, detectives recovered a cellphone video of the crash itself — footage that shows a 1996 Ford Club Wagon van slamming into the school, said Chesterfield police Lt. Steve Grohowski.’

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Text And Tweet Abbreviations Are Okay – Sometimes.

28 Tuesday Oct 2014

Posted by Celia C. Elwell, RP in Abbreviations, Legal Writing

≈ Comments Off on Text And Tweet Abbreviations Are Okay – Sometimes.

Tags

Abbreviations, Grammar Girl, Legal Writing, Mignon Fogarty, Text Messages, Tweets

Text Messaging, the Internet, and Formality, by Mignon Fogarty, Grammar Girl Blog

http://tinyurl.com/pxw477f

These admonitions apply to emails as well. -CCE

A few weeks ago I saw something that before then I had heard of but hadn’t seen myself: a smiley face in a very formal document, or, I suppose I should say, what should have been a very formal document. I literally thought of it and then sputtered for days.

There’s nothing new about cute abbreviations. OK, one of the most recognized English words in the world, came out of a cute abbreviation, and America’s founding fathers could have used the abbreviation IOU (for I owe you). A few decades later, the cost of sending a telegram encouraged people to use even more abbreviations and shortened forms of words. Today though, smartphone-wielding text messagers and tweeters may be playing with language and abbreviations more than ever before. And there’s nothing wrong with that! If you want to text your best buddy you’re going to be l8 (late) or that you LOLed (laughed out loud), have at it. That’s an appropriately informal situation. I just discovered that my phone has Halloween emoji, so you may be seeing ghosts or pumpkins on my Twitter feed soon. They look like fun.

But here are some formal documents in which you shouldn’t use emoji, smiley faces, or text messaging abbreviations: business plans, mission statements, resumes, cover letters, letters of recommendation, or pretty much any school assignment that I can think of right now. Seriously, you still need to take some things seriously.

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In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

20 Tuesday May 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, E-Discovery, Federal Rules of Discovery

≈ Comments Off on In Discovery, Ask A Silly Question, You’ll Get A Silly Answer.

Tags

bowtielaw blog, Discovery, E-Discovery, E-Mail, ESI, Joshua Gilliland, Requests for Production, Text Messages

Lessons From Drafting Overly Broad Requests, by Joshua Gilliland, Esq., bowtielaw blog

http://tinyurl.com/pzykr25

Drafting discovery is an art. While painting in oils or pastels is certainly more colorful than drafting requests in Times New Roman or Ariel, both require thought. And like any masterpiece, drafting a request for production can have its challenges.

A Requesting Party demanded an opposing party produce ‘[a]ll email and text messages sent or received on Mayo email and text messaging accounts.’

The Magistrate Judge found the request to be overly broad. . . .

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Counsel Scalded by Federal District Court’s E-Discovery Opinion.

21 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Cell Phones, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Litigation Hold, Requests for Production, Sanctions, Sanctions, Trial Tips and Techniques

≈ Comments Off on Counsel Scalded by Federal District Court’s E-Discovery Opinion.

Tags

E-Discovery, Electronic discovery, Gareth Evans, Gibson Dunn, Judge David Herndon, Law Technology News, Mobile Phones, Sanctions, Text Messages, United States District Court for the Southern District of Illinois

Perils of E-Discovery Reflected in Sanctions Opinion, by Gareth Evans, a litigation partner at Gibson Dunn, Law Technology News

http://tinyurl.com/kcksw5v

Lest anyone think that hair-raising e-discovery sanctions opinions are a thing of the past, U.S. District Judge David Herndon of the Southern District of Illinois issued a blistering 51-page opinion (PDF) imposing nearly $1 million in punitive sanctions on the defendants in In re Pradaxa Products Liability Litigation on Dec. 9, 2013, and indicated that more sanctions are almost certainly on the way.

The case is an example of how electronic data discovery generally, and implementing legal holds in particular, can be fraught with peril.

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