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Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

Courtroom Technology Tips From a Tech-Savvy Judge

Posted on October 27, 2010
One of my favorite things is being on a CLE faculty with a great judge. Fairfax County's Chief Circuit Court Judge Dennis Smith is a born audience-pleaser and a very effective teacher. Earlier this week, he offered a sampling of...

Unauthorized Practice of Law Evidence Captured on Facebook

Posted on October 21, 2010
Hat tip to the Virginia State Bar's Jim McCauley for sending me this story. As Chair of the VSB's Unauthorized Practice of Law Committee, I was particulary interested in a recent incident in New York. Apparently, someone complained to the...

Sensei Seminars in D.C. and Northern Virginia

Posted on October 20, 2010
From time to time, readers ask me to let them know when we're speaking in the D.C. area. We are speaking twice in the next two weeks, once on October 21st for MyLegal.com's "The Case for Social Media Conference" (information...

Fullbright's 7th Annual Litigation Trends Survey

Posted on October 15, 2010
OK, as a marketer I chuckled to see this subject line on an e-mail I received on Monday: "EMBARGOED UNTIL WEDNESDAY, OCT. 13 - 12:01 a.m." You have to read an e-mail with that subject line, right? Effective way to...

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Predictive Coding: Will it Gain Widespread Acceptance?

Posted on October 12, 2010
Thanks to Joe Howie for sending me his recent article with Anne Kershaw from Law Technology News on predictive coding. This was not a subject I knew a great deal about, so I enlisted the help of Jesse Lindmar, one...

District Attorney Sexts Domestic Abuse Victim: "I am the Prize"

Posted on October 08, 2010
Calumet County District Attorney Kenneth Kratz sent 30 texts to a domestic abuse victim. His charming missives (now a classic case of hanging yourself with an electronic evidence noose) included such choice tidbits as "Are you the kind of girl...

U.K. Law Firm is Hacked, E-mail Exposed, May Face Data Breach Fines

Posted on October 06, 2010
Should I get a Lamborghini or a Ferrari? Yes, this is the sort of question that we all ponder (hah!). The owner of ACS:Law in the U.K. had his private musings on this subject (he settled for a Jeep Compass...

From Across the Pond: Hanzo and Website/Social Media Archiving for Compliance and E-Discovery

Posted on October 01, 2010
Many thanks to Mark Middleton, one of Hanzo's founders and its CEO, for taking John and I on a test drive of Hanzo's web archiving product yesterday. As our British friends would say, in a nutshell, "brilliant." I was impressed...

Recap: The Second Intermountain eDiscovery Conference 2010

Posted on September 28, 2010
John and I have just returned from lecturing at the Second Intermountain eDiscovery Conference 2010 in Salt Lake City. Many thanks to the folks at Orange Legal Technologies, most especially our friend Rob Robinson, for the gracious hospitality. We enjoyed...

More Than One Third of Judges/Magistrates Use Social Media

Posted on September 23, 2010
The Conference of Court Public Information Officers recently released a report which stated that more than one third of the judges and magistrates are now using some form of social media, personally, professionally, or both. This surprised me a bit,....

Social Media and E-Discovery: Two Excellent Law Review Articles

Posted on September 21, 2010
As I continue to express my astonishment at how often we're asked to speak about social media, especially in connection with e-discovery, I thought I would quickly share two helpful resources. They are both law review articles: The first is...

Wyoming State Bar Judges on Social Media

Posted on September 16, 2010
Yesterday we had the pleasure of lecturing to the Wyoming State Bar on "The Legal Implications of Social Media." Somewhat to our astonishment and amusement, we have recently been asked to speak more on that subject than on computer forensics,...

Can You Go to Jail for E-discovery Misconduct? Yes

Posted on September 14, 2010
That's the word from Judge Paul Grimm in Victor Stanley II. The opinion, which runs over 100 pages, includes a 12-page chart (marvelous resource) summarizing spoliation sanctions by Circuits. Hat tip to buddy Craig Ball for passing this along. If...

Best of Breed? Iterasi and Social Media Archiving

Posted on September 09, 2010
Perhaps I'm getting old and jaded - so many companies have made so many claims with respect to what they can do with social media archiving and e-discovery readiness and I haven't been impressed. Some of the products are more...

Judge Waxse Weighs In on the 2010 Civil Litigation Conference at Duke

Posted on September 07, 2010
In the most recent edition of Digital Detectives, our Legal Talk Network podcast, John and I had the pleasure of interviewing Magistrate Judge David Waxse of Kansas about his participation in the May 2010 Civil Litigation Conference at Duke Law...

Intermountain EDiscovery Conference: Sep. 24 in Salt Lake City

Posted on September 02, 2010
John and I are both excited to be lecturing at the Intermountain eDiscovery Conference. If you haven't heard about it, it is organized by Orange Legal Technologies and Fabian & Clendenin. The conference will be held on September 24th in...

Is it the Year of the Deleted Text Message?

Posted on August 30, 2010
Is it the year of the deleted text message as suggested in John's note below? Oh yeah, in a very big way. Consider that Sensei has quite a few computer forensics videos posted on YouTube. Our video on recovering deleted...

The Tsunami of Smartphones in Computer Forensics

Posted on August 26, 2010
Two years ago, I began to say in lectures that we had seen a 200% rise in the number of cell phones passing through our forensics lab. Today, I am beginning to say that the increase is more like 500%....

Liability for Failing to Redact Personally Identifiable Information from E-filings?

Posted on August 24, 2010
We just returned from the Outer Banks and frankly, I'd rather be gazing at the ocean than at the brick office building across the street. All good things must end and I am once again in the salt mines and...

A Delicate Task: Talking to Prosecutors About Prosecutorial Misconduct

Posted on August 13, 2010
John and I lectured for two days this week for the New York Prosecutors Training Institute. Our hosts have been wonderful and gracious but Syracuse was just as hot as Northern Virginia. And it's straight uphill to get to the...

Wanna Get Arrested? There's an App For That.

Posted on August 11, 2010
Thanks to my buddy (and Digital Edge co-podcaster) Jim Calloway for sending me this story from Oklahoma. A former Stillwater, Oklahoma police communications dispatcher has been accused of using an iPhone to record a conversation dispatchers had about his girlfriend...

Remove Metadata from Acrobat Documents as Part of E-Discovery Readiness?

Posted on August 06, 2010
I received an excellent comment from Judi Maier with Omnitek Systems Solutions regarding scrubbing metadata from Acrobat documents. Here's what she said: Sharon, First, let me say I have enjoyed your comments at ABA TechShow and have used many of...

Adobe Offers More Helpful Metadata Scrubbing Tips

Posted on August 04, 2010
Thanks once again to Dave Stromfeld, Acrobat's Senior Product Manager, for his response below to yesterday's post on removing metadata from PDFs. Dave has provided some very valuable information here, so pay heed if you want to scrub metadata using...

Adobe's Advice on Purging PDF Documents of Metadata

Posted on August 03, 2010
Dave Stromfeld, Acrobat's Senior Product Manager, wrote me a very thoughtful comment with respect to removing metadata from PDFs. An excellent description of how one can make sure PDF documents are thoroughly scrubbed! Hi Sharon. I wanted to leave a....

Monitoring Your Kids' Smartphones: They Aren't Going to Like It

Posted on July 30, 2010
It is ALWAYS a good day when someone calls to tell you they enjoyed your quote in TIME magazine, and better still when you had no idea that TIME intended to quote you. In TIME's August 2nd issue, it ran...

Craig Ball: Current Issues in Computer Forensics

Posted on July 28, 2010
That's the title of our recent Legal Talk Network podcast which features Craig Ball. As promised earlier, readers now have the link. Craig is nothing if not direct. While discussing the absurdity of processing ESI into TIFF images, Craig likened...

Ball in our Court: On Legal Talk Network

Posted on July 22, 2010
Yesterday, we had the great pleasure of interviewing our distinguished computer forensics colleague (and great friend) Craig Ball on the second edition of our Digital Detectives podcast on Legal Talk Network. When this podcast is released, I'll be sure to...

Metadata Assistant (Enterprise Version) for the Big Guys

Posted on July 19, 2010
In my recent post about metadata, and how attorneys finally seem to be climbing about the Metadata Scrubbing Express, I mentioned how much we like and recommend Metadata Assistant when we lecture. Metadata Assistant is indeed a terrific program for...

No E-Discovery Project Management Plan Survives Contact with the Enemy

Posted on July 15, 2010
As a fellow columnist on the Canadian legal blog SLAW, I was pleased to see that my friend and e-discovery expert Peg Duncan had written an article on e-discovery project management. This phrase has now become as trendy as early...

Metadata Scrubbing: Are Lawyers Finally Getting the Message?

Posted on July 13, 2010
Lawyers will race to the courthouse to file suit like the proverbial hare, but when it comes to changing their technology habits, they are more likely to emulate the tortoise. Only with painful slowness have lawyers come to recognize that...

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