Blog – The E-Discovery Stage

Authored by attorneys in the firm’s E-Discovery Practice, this blog provides updates and details on recent court cases of note and rule changes relating to electronic discovery issues that may affect litigation. Matthew’s contributions to the E-Discovery Stage focus on the impact of digital evidence in both civil and criminal litigation, and have been widely syndicated across multiple platforms.

Recent Blog Posts

  • Fox’s Matthew Adams and Jordan Kaplan Author “High-Stakes Digital CSI” for New Jersey Law Journal’s Special E-Discovery and Complex Litigation Supplement Fox Rothschild LLP’s Matthew S. Adams, Esq. and Jordan B. Kaplan, Esq. have authored the New Jersey Law Journal article “High-Stakes Digital CSI” for the special E-Discovery and Complex Litigation supplement that ran in the May 23, 2016 edition of the Garden State’s preeminent legal periodical.  A full text version of the article, discussing key components of digital evidence collection, is located here: “High-Stakes Digital CSI.” ... More
  • Gizmodo Article Brings Interesting Perspective on Justice Scalia’s Technology Legacy This week, a mainstay of the United States Supreme Court for nearly three decades passed away.  Often a lightening rod for progressives, and a hero of ultra-conservative originalists, Justice Antonin Scalia was known for his at times biting rhetoric and unwillingness to reach beyond the literal meaning of words.  Less ink, however, is spilled about Justice Scalia’s positions with respect to the technological matters near and dear to our readers.  Because originalism dominates his legacy, it may be hard to believe... More
  • Facebook Service Breaks Onto The Scene: Is a Person’s “Virtual Life” Now a Viable Platform for Service of Process? We talk quite a bit on this blog about how the law often lags behind technology rather significantly.  There is no more fundamental a legal concept than service.  It is the event that places a litigant on notice of the pendency of a claim or request, and triggers the timing for a response.  It is like receiving an invitation to a wedding (okay, maybe not for everyone, but you get the point).  Until recently, service has been a rather traditional, or, dare... More
  • In Depth Analysis of Warrantless Cell Tower Data Debate on Privacy Law 360 Earlier this week, Privacy Law 360 ran my most comprehensive analysis on the warrantless cell tower data debate, to date.  My piece featured expert technical details on precisely how cell tower data can be used to triangulate the approximate location of a device from Scott Johnson, a current manager of the computer forensics and e-discovery practice of the CohnReznick Advisory Group, and a former liutenant with the New Jersey State Police that retired as the Deputy Director of the New Jersey Regional Computer Forensics Laboratory.  The full text of... More
  • Voicemail – The Forgotten Form of ESI Evidence With so much emphasis on e-mail production in e-discovery cases, it is no wonder that other equally compelling forms of ESI evidence sometimes get lost in the shuffle.  Voicemail can be powerful, but its pitfalls are numerous.  In an age where digital voicemail recordings are stored in a similar fashion to e-mail, yet generally without the same recall functionality, the e-discovery implications of voicemail are immense. Too often, voicemail is forgotten when it comes to instituting a litigation hold.  This can be... More
  • Matthew Adams Provides Analysis on the E-Discovery Issues in the Murder Trial of Former New England Patriots Tight End Aaron Hernandez on CBS Podcast Jayson Williams is a former NBA all-star who now spends his time dissecting hot button topics in sports and society on his CBS podcast.  These days, Jayson leads a frank discussion with his guests from an interesting point of view built by his experiences on and off the court.  I was happy to appear “On The Rebound” with Jayson and my brother, noted criminal defense attorney and a member of Jayson’s trial team, Chris Adams, earlier this week to provide commentary on the use of e-discovery... More
  • Forget the Oscars, This Week is En Banc Oral Argument in US v. Davis at the 11th Circuit Court of Appeals SPOTLIGHT ON US v. Quartavious Davis  It may very well represent the most significant e-discovery case in the nation at this moment, and US v. Quartavious Davis takes center stage this week at the 11th Circuit Court of Appeals.  The application of the Fourth Amendment to the cornerstone of the connected modern digital world — passive tower data generated by the interactions of cell phones with network infrastructure — is about to be tested in a case that could be headed for the United... More
  • My Message About E-Discovery and Digital Forensics During My Annual Return to Law School Thursday February 12, 2015 is a special day.  It is my yearly trip back to my alma matter, Seton Hall University School of Law, for my annual guest lecture / simulation on some of the complexities associated with the collection of evidence in today’s technology driven digital environment for 2L and 3L students enrolled in the school’s e-Discovery seminar course. Each year I go back, I see a new crop of students enthused about the law, and ready to leave their mark... More
  • Business Owners Beware: Avoid the Temptation to Post Fake Reviews or Feedback Regarding Your Competition on Social Media or Elsewhere on the Internet Facebook, Twitter, Google Plus, LinkedIn, Angie’s List, and the list goes on and on.  Today there are more sites than ever where users are invited to opine about their interactions with service providers, give their thoughts on products, and share their experiences.  Retailers are getting in the game too.  You can buy toilet paper online and write a review about it.  It is literally reshaping the way companies must allocate their marketing budgets.  Heck, there is a function that will... More
  • Obama Goes Cyber In Sixth State Of The Union, Resulting In Rare Applause From Both Sides Of The Isle The annual State of the Union address fulfills an obligation of the Presidency set forth in Article II, Section 3 of the United States Constitution, requiring the President to literally give Congress information on the “state of the union” periodically.  Nearly 2 years to the date that our nation will once again embrace the peaceful transfer of power, President Barack Obama delivered the State of the Union address to a joint session of Congress on Tuesday evening for the sixth time since... More