Presentation Slides: Overview and Update of the Computer Fraud and Abuse Act

Today I had the opportunity to present to the Privacy, Data Security, and eCommerce Committee of the State Bar of Texas on an overview and update of recent cases and issues for the Computer Fraud and Abuse Act. Here are the presentation slides and, of course, feel free to let me know if you have any [...]

The Indispensability of Cyber Counterintelligence

You already know what a threat hacking and data breaches are to your business, right? Good. In that case, you will appreciate the following post from my friends at SpearTip about cyber counterintelligence. Here's a little teaser: If your organization is not yet retaining a provider that specializes in this technique, referred to as “Cyber [...]

Judge Grimm’s Important Guidance on Social Media Evidence Authentication

Excellent materials for using social media evidence in court.

Next Gen eDiscovery Law & Tech Blog

Recently, Federal District Court Judge Paul Grimm and two of his law clerks published an excellent and comprehensive legal article: “Authentication of Social Media Evidence,” American Journal of Trial Advocacy, 36 Am. J. Trial Advoc. 433 (2013). Judge Grimm is widely seen as the one of the most influential judges concerning electronic discovery issues. He is known for several ground breaking decisions in the field including Lorraine v. Markel (2007), and Victor Stanley, Inc. v. Creative Pipe Inc. (2008). Earlier this week, The American Lawyerprofiled him as one of the top 5 judges at the forefront of eDiscovery.

Given his prominence and celebrity status in the eDiscovery community, Judge Grimm’s thorough analysis and guidance on social media evidentiary authentication is an important development for social media evidence discovery. Judge Grimm succinctly summarizes his article as follows:

“Given the ubiquitous use of digital devices to communicate on social media sites…

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Yes, you can even hack a toilet!

Ahhh yes, hacking toilet now seems to be possible ... and you folks thought I was crazy a few years ago for blogging about hacking a car, a home, or even hacking a human ... but as you know see, you can even hack a toilet. Can you just imagine the frustration caused by a [...]

Lawyers — answer this one question if you want to persuade judges

In my experience I have found that simplicity is the key to persuasion -- and the key to simplicity is to remember to answer this one question from the very beginning, because we all know this is exactly what the judge is thinking: "Where's the Beef?"