Written by Matthew D. Levitt Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating either the Fifth Amendment or Article Twelve… Continue Reading
Tag Archives: e-discovery
Weekend Reading
Posted in UncategorizedHere is some weekend reading for those looking at e-discovery issues. Our colleagues, John Koss and Rebecca Diamond, have published an article in Bloomberg BNA – Digital Discovery and e-Evidence delving into deleted text messages in the Deepwater Horizon controversy. Read In the Slick of It: Will BP Go Down With an Employee Who Purportedly… Continue Reading
New E-Discovery Rules in California
Posted in LegislationIt’s not necessarily a “privacy” issue, per se, but electronic discovery (known as “e-discovery”) rules of litigation require that companies plan ahead with respect to document retention. Here is the latest on the new California e-discovery rules just enacted.
