Insights 2018-01-29T11:55:47+00:00

GETTING IP ADDRESSES AND SUBSCRIBER INFORMATION INTO EVIDENCE – NEW PENNSYLVANIA APPELLATE COURT RULING

Lawyers often obtain, through subpoenas, the IP addresses from an internet service provider (“ISP”) in the hope that they will lead to identifying an ISP’s user-subscriber, who allegedly hacked into a web mail account or device.  Once IP addresses are [...]

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VERIZON ISSUES ANNUAL DATA BREACH INVESTIGATIONS REPORT

Spring has finally arrived, and once again we look back last year’s security incidents and data breaches.  Verizon recently released its annual Data Breach Investigations Report (“DBIR”) and as always, it is filled with interesting attack patterns, analysis and a [...]

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PENNSYLVANIA COURT GRANTS DEFENDANT ACCESS TO PLAINTIFF’S PRIVATE INSTAGRAM ACCOUNT

In Kelter v. Fanagan (No. 286 Civil 2017, Ct. Com. Pleas – Monroe Cty.), the court recently granted the defendant’s request in a personal injury case for access to the private Instagram account maintained by the plaintiff, holding that the [...]

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COUNSEL’S FAILURE TO USE TESTING AND SAMPLING TECHNIQUES TO REFINE KEY WORDS, OR USE TECHNOLOGY ASSISTED REVIEW, DRAWS CRITICISM FROM W.D. PA. FEDERAL JUDGE

In Equal Employment Opportunity Commission v. FedEx Ground Package System, Inc., Civil Action No. 2:15-cv-256 (U.S. Dist. Ct. Western Dist. of Pa.  (Mar 21, 2018), the Court denied FedEx’s Motion to Preclude Discovery and for a Protective Order limited further [...]

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WHAT IS UNALLOCATED SPACE AND WHY DOES IT MATTER?

Just what is unallocated space, and why is it important? Data and information are located in two areas on a computer’s hard drive: allocated and unallocated space. Allocated space typically contains all active system and user generated data, including email [...]

THE NEW ESI AUTHENTICATION RULES – COMPLY NOW AND REAP THE SUBSTANTIAL BENEFITS LATER

By now you are aware of the new amendments to Federal Rule of Evidence 902, governing authentication, that expressly address electronic evidence.   The amendments, which took effect on December 1, 2017, designate electronic evidence that was generated by a process [...]

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