Archive: September 29, 2005

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Locate Smoking Guns in Cryptic Messaging
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Court Quashes Order Compelling Production of Computers Absent Evidence of Spoliation

Locate Smoking Guns in Cryptic Messaging

An article by Conrad Jacoby in the September issue of Law Technology News: Collecting documents in response to internal investigations or civil litigation discovery requests has always been a challenge. The problem is not so much gathering the documents (though volume can be problematic), but rather identifying the data repository nooks and crannies where important information may be stored. Most difficult of all: The collecting party must develop logical and reproducible procedures for identifying relevant documents and separating them from the vast amount of other unrelated material. One particular challenge is sorting through e-mail messages and short messages sent from portable devices. Click here to read the entire article.

Court Quashes Order Compelling Production of Computers Absent Evidence of Spoliation

Menke v. Broward County Sch. Bd., 916 So. 2d 8 (Fla. Dist. Ct. App. 2005)

David Menke (“Menke”) is a high school teacher who was suspended for alleged misconduct. Allegations included claims that he had exchanged sexually-explicit emails with minor students and made derogatory comments about school personnel and operations with students. Menke requested a formal hearing, and in the proceedings the Broward County School Board (the “Board”) sought inspection of Menke’s home computers by its expert in the expert’s laboratory. Menke objected, but the administrative law judge granted the Board’s motion to compel production of the computers. Read More

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