BREAKING NEWS: Florida Judge Allows Attorneys to Advertise Certifications, Expertise

Florida law firm Searcy Denney Scarola Barnhart & Shipley has won a long, hard-fought battle to allow law firms to more freely advertise their expertise to potential clients. Previously, a Florida Bar rule had prohibited law firms from truthfully advertising their expertise or certifications in many practice areas, including e-discovery. A Florida federal judge ruled Wednesday that the […]

A New Deal for Forensic Examinations

This post is the second in a two part series. Part 1 is here. E-Discovery lawyers love tests. In the early days of e-discovery, courts devised numerous tests to determine if and when electronic evidence is discoverable for litigation. The Rowe test was replaced by the Zubulake test, which was designed to determine when if […]

How to Influence Judges and Earn Forensic Examinations

Digital forensic examinations often seem like a magic bullet. A good examiner can find digital clues that establish important facts that can win almost any type of matter. Of course, forensic examinations can also be costly and time consuming, which is why courts are often reluctant to allow them. As the case law and Federal […]

Is Safe Harbor Dead? New EU Ruling Could Upend International Data Exchange Rules

The Snowden effect continues to erode confidence in America’s privacy laws. The next potential victim? The Safe Harbor framework, which helps facilitate the movement of electronic data between countries. Most eDiscovery providers self-certify as Safe Harbor compliant to facilitate cross border data flows.  If Safe Harbor is invalidated, legal teams will need the extra time and […]

When Will Washington Ever Learn? Deleted Emails Are Never Gone

Oliver North, Hilary Clinton, and Lois Lerner. These Washington luminaries, bureaucrats and/or political punching bags have almost nothing in common. Except for the fact that they don’t know what delete really means. It has been almost 30 years since Oliver North was indicted on evidence recovered from deleted e-mails. Somehow, all of these decades later, […]

In Ashley Madison Breach, Leaked Details are a ‘Treasure Trove’ for Hackers

By Brian Monroe The recent cyberattack against infidelity web site, and related dumping of the details of millions of users, could do more than just wreck marriages and reputations, it could also boost the financial crime risk of bank customers named in the leak, say analysts. More broadly, when this latest breach is […]