Technology

Couple sues, claims neighborhood unsafe with Pokemon gamers

August 11, 2016
 Bloomberg News
Wahby Park in St. Clair Shores, Michigan, used to be a quiet spot for a dozen or so residents to go for a stroll around sunset. Then came hundreds of smartphone-wielding, garden-stomping Pokemon players.
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Fitness trackers add to flood of digital evidence in courts

August 10, 2016
Marilyn Odendahl
The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.
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Cohen and Mattingly: ESI review protocols: No more shots in the dark

August 10, 2016
Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.
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2-year program at Madison facility shows positive impact tablets have on behavior

August 10, 2016
Marilyn Odendahl
The data is still being collected but the staff at the Madison Juvenile Correctional Facility is noticing the nearly 50 incarcerated young women are calmer, not filing as many grievances and reading more books. So what's happening?
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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Pokemon goes to court in backyard monster trespassing case

August 3, 2016
 Bloomberg News
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
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Women sue Beech Grove after city blocked Facebook activity

June 29, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two women against the city of Beech Grove after the city removed comments the two women wrote on Facebook posts the city and police department had made.
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Court upholds net neutrality rules on equal internet access

June 14, 2016
 Associated Press
In a big win for the Obama administration, a federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.
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Task force debates putting pre-conviction filings online

June 3, 2016
Scott Roberts
The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available. The task force is considering whether pre-conviction criminal case filings should go online.
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GOP governors ask FCC to address illegal prison cellphones

May 24, 2016
 Associated Press
Ten Republican governors, including Indiana Gov. Mike Pence, want the Federal Communications Commission to give states more autonomy to apply technology that can stop prison inmates from using smuggled cellphones.
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Attorneys feel at home with virtual practices

May 18, 2016
Scott Roberts
Lawyers like Kenneth Riggins use virtual practices to reduce their overhead, while technology allows them to practice from anywhere. Many arrange to have access to office space they can use when they need it.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Electronic redaction getting more attention as state court documents go online

May 18, 2016
Marilyn Odendahl
As the Indiana Supreme Court continues its effort to implement a statewide e-filing system and make more legal filings accessible online, attorneys and court staff will have to rely less on their black Sharpie Permanent Markers and more on their computer software to ensure that confidential information stays confidential.
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Oracle and Google to replay World Series of copyright trials

May 10, 2016
 Bloomberg News
Oracle Corp. and Google are stepping before a jury a second time with potentially $9.3 billion on the line, and the prospect of profoundly changing how software is protected and licensed.
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Facebook must face privacy claims over photo-tagging feature

May 6, 2016
 Bloomberg News
Facebook Inc. users who say the social network’s photo-tagging feature flouts their privacy rights won the first round of a court fight.
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Apple loses fight to keep 'iPhone' label off Chinese wallets

May 4, 2016
 Bloomberg News
Apple Inc. lost its fight to keep the “iPhone” name exclusive to its products with a Beijing court deciding a little-known accessories maker can use the label for a range of wallets and purses.
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Fee shifts an issue for court reporters

May 4, 2016
Marilyn Odendahl
In certain situations, Tom Richardson will watch two attorneys in a deposition and will know one is going to get stuck with a bigger bill for the same service.
More

FBI head suggests agency paid more than $1M to access iPhone

April 22, 2016
 Associated Press
FBI Director James Comey hinted at an event in London on Thursday that the FBI paid more than $1 million to break into the locked iPhone used by one of the San Bernardino attackers.
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Supreme Court declines to rule on legislative emails case

April 19, 2016
Scott Roberts
The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.
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Apple's fight with US over privacy enters a new round

April 8, 2016
 Bloomberg News
Apple Inc.’s fight over privacy with the U.S. isn’t over yet, even after the government dropped a demand for the company’s help in accessing a California shooter’s iPhone because someone else found a way to crack it.
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Federal judge reaffirms ban on political ‘robocalls’ in Indiana

April 8, 2016
Dave Stafford
Just weeks ahead of Indiana’s presidential primary, a federal judge reaffirmed Indiana’s ban on automated telephone calls for political purposes.
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Take note: 2 apps for better note taking

April 6, 2016
Seth Wilson
Seth Wilson takes note of two apps for taking notes: Evernote and Microsoft OneNote.
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Clouds ahead for legal services

April 6, 2016
Scott Roberts
Web-based products offer cost savings but pose security risks for firms
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Uber antitrust lawsuit over pricing green-lighted by judge

March 31, 2016
 Bloomberg News
Uber Technologies Inc. and its co-founder Travis Kalanick will have to defend a lawsuit that accuses them of running an antitrust scheme by using an app to set high surge fares.
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US drops Apple case after getting into terrorist’s iPhone

March 29, 2016
 Bloomberg News
The U.S. said it has gained access to the data on an iPhone used by a terrorist and no longer needs Apple Inc.’s assistance, marking an end to a legal clash that was poised to redraw boundaries between personal privacy and national security in the mobile Internet age.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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