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Jason Krause

  • Jason Krause

Social Media is History
Social Media is History 150 150 Jason Krause

Social media isn’t history, but it is part of the historical record. The National Archives and Records Administration (NARA) has just kicked off a major overhaul of the way federal departments and agencies manage and preserve their records.  Following on White House directives to modernize and digitize our nation’s record-keeping capabilities, NARA has been pushing agencies to…

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  • Jason Krause

Law Enforcement and Social Media: Criminals Aren’t All Dumb
Law Enforcement and Social Media: Criminals Aren’t All Dumb 150 150 Jason Krause

There are a lot of stories lately about the way law enforcement is using social media to capture criminals. As might be expected, there’s a lot of dumb lawbreakers who are eager to incriminate themselves online. Apparently, a lot of small-time criminals just can’t help but brag about their illegal exploits on Facebook or Twitter. However,…

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  • Jason Krause

Cloud Computing Confuses Lawmakers
Cloud Computing Confuses Lawmakers 150 150 Jason Krause

Lawmakers have a talent for confusing issues and scaring people unnecessarily. The current example is the proposed Cloud Computing Act of 2012. As Professor Eric Goldman at the Santa Clara University School of Law says of the Act, “I have no idea what problem this bill purports to solve.” The laws regarding criminal trespass in…

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  • Jason Krause

Social Media eDiscovery: Embrace the Boring
Social Media eDiscovery: Embrace the Boring 150 150 Jason Krause

For many lawyers, eDiscovery is still an exotic, unfamiliar practice. Despite the growing number of conferences, publications, and CLE credits available to help lawyers understand the discovery of electronic evidence in litigation, most lawyers have never even sent a preservation letter, the first step in discovery. Considering that discovery of any electronic evidence is unfamiliar to most…

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Attorney-Client Privilege
  • Jason Krause

Courts Agree: It’s Easy to Waive Your Attorney Client Privilege
Courts Agree: It’s Easy to Waive Your Attorney Client Privilege 1000 640 Jason Krause

Defending privileged documents in eDiscovery is not easy. (See our recent post, “Why Lawyers Are So Bad at Protecting Privilege.”) The right to private communication is vital to the practice of law, but, with the explosion of digital evidence in litigation, lawyers are finding it increasingly hard to protect every single piece of attorney-client work…

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  • Jason Krause

Privilege Waiver: You Can’t Unscramble Those Eggs
Privilege Waiver: You Can’t Unscramble Those Eggs 150 150 Jason Krause

In theory, protecting your privileged attorney-client work product should be a straightforward and simple matter. In a new ruling out of Ohio, Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., (S.D. Ohio Aug. 28, 2012), all the defendants had to do was mark documents as confidential, and make sure not to produce them to opposing counsel.…

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  • Jason Krause

Courts Set the Bar for Social Media Discovery
Courts Set the Bar for Social Media Discovery 150 150 Jason Krause

Being in the legal technology field can be frustrating. Technology changes fast but the law moves slowly, deliberately, and often in convoluted ways. You have to somehow stay ahead of the technology curve while waiting for the courts to catch up. It wasn’t until 2006 that federal courts were able to get the basic rules…

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  • Jason Krause

News Flash: Technology Upgrades Suck
News Flash: Technology Upgrades Suck 150 150 Jason Krause

According to last years’ Midlevel Associates Survey at Law.com, associates were excited about all of the new gadgets and software being made available to them. For a brief period, it seemed like new devices, software, and even the latest Windows upgrade might finally give overworked associates the technology they needed. Predictably, this year’s survey found…

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  • Jason Krause

Protecting Attorney-Client Privilege: Why Are Lawyers So Bad At It?
Protecting Attorney-Client Privilege: Why Are Lawyers So Bad At It? 150 150 Jason Krause

When lawyers are managing eDiscovery there are really just three things they need to know for every document – is it responsive, non responsive, or privileged. Responsive they give to opposing counsel, non-responsive they ignore, and privileged documents must be protected. Are lawyers bad at protecting attorney-client privilege?     As the U.S. Supreme Court…

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  • Jason Krause

eDiscovery Failures and Sanctions on the Rise
eDiscovery Failures and Sanctions on the Rise 150 150 Jason Krause

If it seems like there’s been a lot of eDiscovery sanctions lately, it’s not an illusion. The number of parties and lawyers being hit with sanctions and adverse inferences for eDiscovery failure are, in fact, on the rise. Obviously, sanctions are a bad thing, but it’s also a sign of maturity in the law. Last…

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