Normally, we think of spoliation – at least in e-discovery terms – as someone negligently or deliberately deleting digital evidence. Certainly, the idea of someone swallowing evidence isn't a new concept either, although we usually think of it in terms of drug balloons or something of that nature.
This story about a criminal who swallowed a USB drive probably wouldn't have registered on my radar screen save for the headline: "An alleged cybercriminal
who swallowed a USB drive thought to contain credit card data to destroy
evidence has been charged with obstruction."
Person1: Did you set up a password for the system?
Person2: I sure did. It's "Cabaret+FiddlerontheRoof+Camelot+Sacramento"
Person1: What kind of a crazy password is that?!?!?!
Person2: Well, the network administrator said it should include at least three numbers and one capital!
But seriously, folks…check out this great article from the New York Times on the sad state of affairs of passwords. 123456? Do you want people to steal all of your stuff???
"Finally, in a remarkable shifting of the traditional legal burden of
proof, Plaintiff unashamedly alleges that Defendant has the burden to
prove his "natural born" status. Thus, Plaintiff's counsel, who
champions herself as a defender of liberty and freedom, seeks to use
the power of the judiciary to compel a citizen, albeit the President of
the United States, to "prove his innocence" to "charges" that are based
upon conjecture and speculation. Any middle school civics student would
readily recognize the irony of abandoning fundamental principles upon
which our Country was founded in order to purportedly "protect and
preserve" those very principles."
"Plaintiff's complaint is not plausible on its face," Land concludes. "Unlike in Alice in Wonderland, simply saying something is so does not make it so."
If you've been reading me for a while, you know about my love affair with coffee. So, imagine my surprise this morning when I read the headline, "Lawyer Pays Tank". After coffee, the headline reads, "Lawyer Pay Tanks". Either it's lack of caffeine, dyslexia, or maybe someday I'll admit I need those reading glasses…
This post is actually about another subject; accuracy. I probably post a lot less than some of my colleagues because I live in constant fear of making a mistake and as a result, making a fool of myself – or worse, running afoul of the State Bar rules.
It takes even longer for magazine articles because I vet everything very carefully. After all, I can come back and edit this blog – I can't do that once an article is published. So, take a look at this post about an attorney who was a little too revealing about her clients in her blog. She's accused of violating her duty of confidentiality.
I'm off to Chicago to spend the weekend with my beloved Cubs. The following is a map used by Browning Marean at his presentations on international e-discovery. It illustrates how Americans will get themselves into trouble if they take a bad attitude into foreign nations. As a preamble, Browning puts up this slide, then says, "First, I want to apologize to…(fill-in-the-country)". Yeah, it's a bit off-color, but if Browning can present it at serious conferences, I figure I can do the same here. Besides, it made me laugh out loud; that rarely happens…
An IT Executive Turned Privacy, Cyber Security & Litigation Attorney and Consultant Shares his Personal Insights.
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Normally, we think of spoliation – at least in e-discovery terms – as someone negligently or deliberately deleting digital evidence. Certainly, the idea of someone swallowing evidence isn't a new concept either, although we usually think of it in terms of drug balloons or something of that nature.
