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Tag Archives: e-discovery

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Posted in Privacy Litigation

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

Weekend Reading

Posted in Uncategorized

Here 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 Legislation

It’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.