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Use Subpoena Power to Discover Text Messages on Personal Smartphones of Third Parties
Use Subpoena Power for Text Message Discovery on Personal Smartphones of Third Parties Courts are generally reluctant to allow a party to discover personal cell phone data where the opposing party does not have possession, custody, or control of an individual's cell...
Meet ModeOne at Legalweek – Learn How You Can Finally Target and Automate Smartphone Data Collection for Litigation and Investigations
ALM and Law.com bring Legalweek to the New York Hilton Midtown (1335 Avenue of the Americas, New York, NY) from January 29 to February 1, 2024. Legalweek is an opportunity for you to network with thousands of legal professionals, dive deep into continuing education...
The Case of the Missing Discovery Plan for Forensic Imaging: Protecting a Party’s Privacy Rights and Privileged Information
Partners Insight, LLC v. Gill, 2023 WL 2864375 (M.D. Fla. Apr. 10, 2023) In an action alleging the misappropriation of trade secrets following a separation of employment, the plaintiffs, Partners Insight and Gulf Coast Optometry, moved to compel a forensic examination...
When Does Self-Collection Amount to No Collection? When Something Else Is ‘Happening’
Self-collection, or custodian-based collection, by itself, is not a substandard e-discovery practice. Most cases in self-collection bring the lyrics from "For What It's Worth" (performed by Buffalo Springfield; written by Stephen Stills) to mind: "There's something...
ModeOne’s Exceptional 2023 Sets the Stage for Continued Innovation and Leadership in Smartphone Data Discovery
It’s 2024, and all of us at ModeOne wish you a very happy, safe and productive New Year! As we usher in a new chapter at ModeOne Technologies, we take this opportunity to reflect on the past year, looking forward to helping corporations, law firms, government...
White House Cell Phones May Fill in ‘Undocumented’ Gaps and Tell On Trump’s Calls and Tweets During the January 6 Attack on the Capitol
Evidence of absence, or a lack of evidence, can present evidence of guilt or innocence under the law. The presumption of innocence under criminal law can make a lack of evidence for a defendant's guilt sufficient for acquittal. On the other hand, the absence of...