Finders Keepers? Debating a Warrant’s Scope

Should the government be allowed to retain and search copied computer files that were not covered by the original warrant? This is the central question within United States v. Ganias, which was brought before a federal appeals court this fall.

As part of its investigation into possible overbilling, the Army obtained a search warrant for […]

It’s Personal: The State of Clinton’s Emails

There’s no diplomatic way to say this: During Hillary Rodham Clinton’s tenure as secretary of state, she exclusively used a personal email account for government matters, possibly violating federal rules. According to The New York Times scoop, not only did she use a private email address in place of a government one, but also the […]

Is Your Personal Cell Phone Private?

A Decision made by the Fifth Circuit Court of Appeals on December 12, 2012 affirms that images and text messages that are stored on personal cell phones are not protected by the Stored Communications Act (SCA). The purpose of the SCA is to prevent unauthorized access to wire and electronic communications in temporary and back-up […]

A “Kleen” Getaway

We reported on the debate over predictive coding in the antitrust case Kleen Products, LLC, et. Al. v. Packaging Corporation of America, et. Al., back in April. The plaintiffs argued that discovery should be conducted using predictive coding because of deficiencies in the defendants’ keyword search methodology. The defendants had already completed 99% of discovery […]

Google, Zippers, and Quirky Trademark Law

Google is no stranger to litigation, but it now faces an unusual claim to cancel its trademark registration. The aptly named plaintiff David Elliott squares off against the Google Goliath with an argument based on dictionary definitions and case law– that the word “Google” is now used so ubiquitously as a verb meaning “to search […]

A “Kleen” Miss

The antitrust case of Kleen Products, LLC, et. al. v. Packaging Corporation of America, et. al., which many may know as the “other” predictive coding case, has finally started to tear the attention of the e-discovery industry away from Da Silva Moore. While the issue at hand in Da Silva Moore was the argument over […]

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