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"The authenticity of a found document:

May 19, 2007

Hmm, interesting problem that can torpedo a case. Does your firm's IT department employ effective document management policies? "What seems to be the problem? Your IT organization has put in place proper procedures [PDF] for deleting electronic documents, including e-mails. So it is no surprise when as a result of litigation your e-discovery process cannot turn up a particular document. However, to everyone's surprise the document turns up on your CEO's laptop. This is a very possible scenario. You must know whether the document is admissible as evidence in a civil lawsuit. "What do you need to know? Evidence is... Read more →

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Estrin Legal Staffing

Estrin Legal Staffing specializes in helping exceptional professionals connect with amazing career opportunities. Click on the banner to take a look at our amazing career opportunities and call us to get more information.

Posted at 04:35 PM in Document management, Electronic discovery, Evidence, Forensics, Legal terminology | | Comments (0)

"Still Guilty After All These Years"

Apr 08, 2007

Very interesting op-ed in the NY Times from author & lawyer Scott Turow, all about how advances in forensic technology may also impact statutes of limitations. He raises some intriguing questions about changes in law & the passage of time: "THIS Friday a 33-year-old man named Juan Luna will go on trial here for the murder of seven people in a Brown’s Chicken restaurant in Palatine, Ill., on Jan. 8, 1993. The investigation of the murders, in which the victims’ bloody corpses were discovered in the restaurant freezer, languished for more than a decade until Mr. Luna’s DNA was identified... Read more →

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Estrin Legal Staffing

Estrin Legal Staffing specializes in helping exceptional professionals connect with amazing career opportunities. Click on the banner to take a look at our amazing career opportunities and call us to get more information.

Posted at 04:06 PM in Constitutional law, Criminal investigation, Criminal law, Current events, DNA, Evidence, Forensics | | Comments (0)

"Investigator: Paralegal filed false complaint"

Feb 04, 2007

Oh, this news can't be good for anyone: "A Marine paralegal who reported that she overheard guards at Guantanamo Bay brag about beating detainees was accused by a military investigator of filing a false report, the paralegal’s boss, a Marine officer, said Friday. "Army Col. Richard Basset, who was ordered by the U.S. Southern Command to investigate the allegations into guards’ actions, met the paralegal, Marine Sgt. Heather Cerveny, late last year at Camp Pendleton, Calif., where she is based, according to Marine Lt. Col. Colby Vokey. "Basset told Cerveny the guards denied her account of their conversation in a... Read more →

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Estrin Legal Staffing

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Posted at 07:44 PM in Civil rights, Criminal investigation, Evidence | | Comments (0)

"Trials & Tribulations of New Rules on EDD"

Dec 12, 2006

Could not understanding EDD issues -- both evidence rules & technology -- amount to malpractice? Oh, yeah, I think so, especially if the client didn't 'know' not to monkey with hard drives: "During discovery in a securities case in the Northern District of Florida, Miami attorney Michael Kreitzer's client wanted to see e-mails between two of the defendants. The defendants claimed that the hard drives on which the e-mails were stored had failed, and that all the data were lost. "Kreitzer, the chair of the litigation group at Bilzin Sumberg Baena Price & Axelrod in Miami, persuaded the judge to... Read more →

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Posted at 02:30 PM in EDD, Electronic discovery, Ethics, Evidence, Federal rules, Malpractice | | Comments (0)

"E-Discovery May Target Unexpected Sources"

Dec 04, 2006

Yes, even more information is now subject to discovery, but really, iPods too?? "On Friday [12/1/2006], the long-discussed and much-awaited amendments to the Federal Rules of Civil Procedure (FRCP) went into effect. Among the elements of these amendments are changes to how electronic evidence is treated in discovery. "This issue and the changes to the rules affect most particularly counsel advising clients in e-discovery matters, but e-discovery and the treatment of information and communications -- before discovery is developed or considered, or before lawsuits are filed -- are issues critical to e-commerce, and that will become more important as this... Read more →

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Posted at 01:58 PM in EDD, Electronic discovery, Evidence, Federal rules | | Comments (0)