We were asked recently about the ethics and legality of Dark Web searches, increasingly part of many investigations. I realized we had never posted on this issue and it’s about time.
Since a lot of what we use from the Dark Web is stolen information, can we make use of it?
In short, the answer
Any litigator tasking interviews of potential witnesses needs to know about the no-contact rule (ABA Model Rule 4.2)[1], which forbids talking to represented people on the other side of a case. This also goes for most current employees of the other side — certainly any employee senior enough to make critical decisions or
In a partially hilarious, partially disturbing article this week in The Wall Street Journal, “Facebook Has No Sense of Humor,” the Editor in Chief of the satirical website The Babylon Bee related that two patently ridiculous “news” stories had recently been fact-checked by Snopes: The Onion’s “Shelling From Royal Caribbean’s M.S. ‘Allure’ Sinks Carnival
We always like to say that when we find out about a person, we do so without invading their privacy. That can still mean we find out a lot of things about them that they would rather keep secret, but those facts are derived from what we can legally look at: legal records, mortgages and
The New York Times published in interesting piece this week that was among its most popular: I Shared My Phone Number. I Learned I Shouldn’t Have.
In it, the paper’s personal tech columnist Brian X. Chen explained how much information people can get about you with just your phone number. This includes “my current
If you haven’t seen the amusing and disturbing piece in the Wall Street Journal this week about Black Cube, the band of former Mossad (Israeli secret service) agents, it’s worth a look.
The article explains that Black Cube’s people run around the world pretending to be people they are not, in order to investigate private,
Great work by the Atlanta Journal Constitution on an issue that’s bugged me for years: the brazen violation of federal law by investigators and the lawyers who hire them.
At issue is the Gramm Leach Bliley Act, meant to protect the confidentiality of banking records. You are not allowed to pretend to be someone
Do you ever wonder why some gifted small children play Mozart, but you never see any child prodigy lawyers who can draft a complicated will?
The reason is that the rules of how to play the piano have far fewer permutations and judgment calls than deciding what should go into a will. “Do this, not
Anyone following artificial intelligence in law knows that its first great cost saving has been in the area of document discovery. Machines can sort through duplicates so that associates don’t have to read the same document seven times, and they can string together thousands of emails to put together a quick-to-read series of a dozen
One lawyer we know has a stock answer when clients ask him how good their case is: “I don’t know. The courts are the most lawless place in America.”
What he means is that even though the law is supposed to foster predictability so that we will know how to act without breaking our society’s