The Discovery Update – July 2012

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01Jul2012

The Discovery Update – July 2012

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July 2012

From the President

Our goal has always been to advance in the legal industry with steady momentum, and we have continued to do just that in what has become a very competitive market. We offer the full spectrum of court reporting services but to help us ensure we are providing you with what you need, please let us know what we can do to improve. Your feedback will help us meet our goal to serve you in the best possible way.

I hope you continue to find the articles, tips and tools in The Discovery Update helpful. This month, we’ve added a subscribe feature below with the hope that you will forward the e-newsletter to your collegues so they can start receiving the useful information as well.

Best regards,
Sheila Atkinson-Baker

Text Message Preservation

By Sharon D. Nelson, Esq., John W. Simek and Jesse M. Lindmar
Sensei Enterprises, Inc.

With an average of 193.1 billion text messages sent every month in the United States, the importance and use of text messages in litigation is ever-increasing. As a consequence, the importance of text message preservation for e-discovery is also growing. Understanding how text messages can be preserved and the pitfalls to avoid is essential.  While we recommend engaging the services of a digital forensics service provider who is familiar with the complexities of mobile phone forensics, there are certain situations in which the end-user can at least create a preserved, forensically sound copy that a digital forensics expert can later access and produce data from.

For the purpose of this article, we are assuming that the text messages are sent or received by a mobile telephone. We’ll start by lumping most of the mobile phones in use today into two major categories: Smartphones and Feature Phones. The most popular Smartphones would include Apple’s iPhone, Google’s Android, Microsoft’s Windows Phone, and RIM’s BlackBerry devices. Feature phones are pretty much everything else; having some of the basic “features” of smartphones, but lacking in overall integration with the phone’s operating system and hardware, and with limited user-customization options. 
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The Emerging Case Law on Software-Assisted Document – Review and Our Next 5 Year Mission

This is the prepared written text for Jason R. Baron‘s opening keynote talk for the Seventh Circuit Electronic Discovery Workshop on Computer-Assisted Review.

I wish to thank Chief Judge Holderman and Judge Nolan for this very special invite to speak. And I also wish to thank Sean Byrne for pulling this whole thing off. It’s an honor and more than a little humbling to be speaking in front of a veritable College of Cardinals of e-discovery that are assembled here today, but I will attempt to do my best to be just provocative enough so that no one goes to sleep right after lunch.

My late Dad was an aeronautics professor at MIT, and at age eight he brought me to meet Carl Sagan at the Harvard Astrophysical Observatory — so I can’t help it if I give talks with space age puns in the title, or make allusions to same.
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TEXT MESSAGE PRESERVATION

THE EMERGING CASE LAW ON SOFTWARE-ASSISTED DOCUMENT REVIEW AND OUR NEXT 5 YEAR MISSION

FEDERAL GOVERNMENT TARGETS PRIVACY VIOLATIONS BY SOCIAL MEDIA COMPANIES

HOW A LAWYER CAN BECOME A LEGAL TECHNOLOGY EXPERT


WHAT YOU MIGHT HAVE MISSED

Preparing for Your First Deposition

A Lawyer Must be a Technologist, Especially in the E-Discovery Industry

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Federal Government Targets Privacy Violations by Social Media Companies
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How a Lawyer Can Become a Legal Technology Expert
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Outlook Add-Ins for Lawyers
Read More >>
PDF to HTML Converter
Read More >>
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HEARD IN COURT

Counsel: Doctor, did you say he was shot in the woods?

Witness: No, I said he was shot in the lumbar region.


Counsel: Mrs. Jones, is your appearance this morning pursuant to a deposition notice which I sent to your attorney?

Witness: No. This is how I dress when I go to work.