Portfolio Project
Question Assignment One
“Welcome onboard,” Oswald Cobblepot says. He’s the Chief Govt Officer of Digicom, a frontrunner in worldwide digital communications and you’re the new affiliate counsel.
That is your first day within the new spot.
Cobblepot doesn’t sit in your workplace, despite the fact that there’s a chair. He clearly needs to let you know one thing. He leans in… “Hear, a few yr in the past, I began a weblog on our exterior web site. I name it Digital Bites! Get it? Digital Bites!” You smile…politely. It doesn’t Help that he smells fairly fishy.
He continues, “You see, on this website, I’d publish about as soon as every week, and the subjects would often be tied to one thing happening on the firm. We have now been pretty cautious to restrict our subjects to the identical issues which are in our press releases. You recognize, we simply wrapped up that complete multi-year SEC investigation, so we needed to watch out about what we’re saying on the market. Actually, we now have all the time moderated the feedback, simply so we might management the message on the positioning additional. In different phrases, if somebody tried to say one thing dangerous, we’d both delete that remark or we’d by no means let it’s posted on the weblog. That’s the place the issue has are available.”
“You see, final month we obtained sued in a category motion concerning the deleted feedback. Principally, the criticism says that we now have been hiding info from our shareholders as a result of we now have been deleting truthful feedback from the weblog – or simply not posting them. I’ve heard of spolcreation or one thing like that, however I don’t know what we needs to be doing to forestall it, or what we should always say when the opposite facet accuses us of these items. I imply, they’re searching for these feedback which by no means actually appeared on the net. Who retains these?”
“Give me some recommendation concerning the steps we needs to be contemplating, however, I’ve a name in a couple of minutes, so simply give me the excessive factors.”
Then Cobbelpot says, “Oh yeah – I forgot to let you know about this.” You inwardly sigh and look ahead to Cobblepot to drop the opposite shoe.
“I used to be additionally requested if I’ve a e-mail retention system in place. I don’t wish to do that as a result of if I do then it’s going to value me a whole lot of thousand . I’m not Mr. Moneybags like that playboy, Bruce Wayne. How do you shysters do that type of Assessment? When is an e-mail retention system justified and in what conditions?”
You gently push again, inform him you want time to gather your ideas and also you promise him a memo. Cobblepot nods then waddles out. You flip to your laptop and begin a brand new doc. What do you say?
Question Assignment Two:
You’ve gotten simply completed your memo for Cobblepot. It’s virtually lunchtime, so that you pull out your peanut butter and jelly sandwich, however as you lookup, Edward Nigma is in your doorway.
You’ve heard issues about him and his penchant for riddles. He’s additionally your Chief of Safety. “Do you’ve got a minute to learn this e-mail?” You assume, no, however say sure. “Oh, let me simply present you.”
Subsequent factor you understand, your sandwich has been tossed apart, and he’s at your laptop, digging by means of your inbox. He clicks on a message from him. It opens to point out a brief message and an attachment, a video. “The video is surveillance footage from the storage, degree G3 to be particular. It’s footage from final evening, simply watch this.”
He clicks a button, and the video comes alive displaying two shadowy figures breaking in to 2 vehicles. They attain inside and take one thing from every automobile after which take off working. “I don’t know who these persons are, however I feel they’re the identical individuals who assaulted Pamela Isley final week in the identical parking storage. Regardless that she works with us in Safety, Pamela’s filed a proper criticism and is simply being plain mouthy about how we now have ‘mishandled’ her state of affairs. She says she is placing us on discover. What does that imply? I feel she’ll sue, however me and the opposite guys in Safety thinks she’s nuts as a result of she’s all the time concerning the atmosphere so we’re not doing something. Anyway, it simply isn’t our fault. And we’ve informed her that loads of occasions.”
Seeing the look in your face, Nigma laughs and says “Don’t fear. Most of us maintain these conversations on our private telephones and pagers. So don’t fear about it. The corporate doesn’t need to do something as a result of the telephones and pagers belong to us, to not the corporate. That’s how we labored round it. Hey! What’s black and white and purple throughout?”
You determine ignore the riddle (apart from, you already know the reply to the riddle: it’s a newspaper) as you open your mouth to begin to give recommendation as to easy methods to deal with this case. What do you say?
Question Assignment Three:
Shortly after Mr. Nigma leaves your workplace, Harvey Dent walks in. Dent is the senior affiliate normal accountable for overseeing all litigation for the corporate. You additionally discover that he retains flipping a coin up within the air always and surprise if that helps maintain him balanced and relaxed.
You ask him to take a seat, however he refuses. As an alternative he closes the door and begins… “I have to replace you on a brand new case we now have in opposition to Kord Industries. It’s mainly a breach of contract motion, however we’re in federal court docket due to variety jurisdiction.”
“So mainly,” Dent continues. “I would like some recommendation on easy methods to strategy this matter with the choose. My preliminary pre-trial convention is in 25 days. I don’t apply a lot in federal court docket. The man on the opposite facet has already referred to as me with questions on metadata preservation, whether or not I’ve an 30(b)(6) consultant, blahblah, however I haven’t gotten him on the telephone but. I’ve already spent plenty of time with our vendor individuals they usually appeared to know what metadata is despite the fact that I don’t – is that a new Microsoft software anyway? They appear to know what they’re doing and I belief them plus in the event that they make a mistake I can blame it on them. Proper? If a vendor screws up, loses knowledge, or no matter then the corporate isn’t held accountable. Proper???”
Then Dent stands up. “Moreover I don’t know computer systems or metadata preservation so I received’t be held accountable. Heh-heh-heh. Heads or tails. I win. It’s a win-win state of affairs! Hey, wish to do completely satisfied hour with me and get two-faced?”
You begin to shake your head at Dent then you definately assume higher of it as you’re getting a way that he might not be as balanced as he appears. As an alternative, you ask for a rain test on completely satisfied hour and promise to ship him a memo that can Help him arrange his case (and extra importantly – not get him in bother with the choose). What’s it you’ll say?
Question Assignment 4:
Oswald pops again in your workplace. “Oh no” you mutter below your breath.
Oswald cackles, “Having fun with your day?” Earlier than you’ll be able to reply, Oswald follows up with “Hey, I’ve two questions. Are you able to put together a memo for me answering them? I’ve obtained to make my lunch appointment with Selina Kyle – she says she has a brand new enterprise proposal for me. Man, she’s sly as a cat however when she has a good suggestion she often has a good suggestion!” Then he palms you his handwritten notes earlier than waddling off.
1. Can destruction of data below a data retention coverage earlier than these data might be fairly anticipated to be related to a specific future litigation represent spoliation? If that’s the case, below what circumstances?
2. Ought to a really brief retention interval for e-mail essentially give rise to a presumption of spoliation? Why or why not? What steps can a celebration with such a brief retention interval take to defend its coverage?
Question Assignment 5
It’s practically 6 pm and also you’re anxious to get out. It’s time to atone for the most recent episodes on the Sport of Thrones present. Curiously, you are feeling like that present is a mirrored image of your life within the regulation apply.
This isn’t what you anticipated if you took that LSAT seminar in your final yr of school. Plus, you’re not too certain about this metropolis particularly with the rumors of a big Bat that comes out at evening. Then what about this character referred to as the Joker; is that this man for actual? This metropolis simply oozes weirdness. You miss Central Metropolis.
Then Dent walks in your workplace waving an article about Metropolis.
You surprise if it’s concerning the flying man that’s apparently from one other world. Now that’s the life! Flying; bulletproof; heat-vision; x-ray imaginative and prescient, can run sooner than a dashing bullet, super-strength. And doesn’t he have some type of a relationship with an Amazon goddess?
No. The article is about how there’s a court docket ruling from Metropolis has breathed new life within the social media debate. You shortly scan the article which talks about how attorneys accumulating related social media proof should be ready to correctly authenticate it.
On this article, the prison defendant argued on attraction that the federal government had correctly did not authenticate sure Fb posts attributed to him as a result of the federal government failed to supply any witness figuring out the Fb chat logs on the stand. He argued nothing within the contents of the message was uniquely recognized to the defendant and the defendant was not the one particular person with entry to the Fb account situation.
As well as, the court docket rejected authorities’s argument that Fb posts had been enterprise data which may be “self-authenticated” by the use of a certificates from a data custodian below Rule 902(11) of the Federal Guidelines of Proof. A lot of it may be, you believe you studied, attributed to the court docket’s inherent distrust of social media proof with all of the “pretend information” accusations flying round.
Dent seems to be at you on your ideas as a result of he’s really main a case whose proof rests on providing social media proof for its evidentiary matter. He needs to know whether or not (1) authenticating social media is identical as conventional paper proof below Federal Rule of Proof 901; and (2) what are the varied cases the place social media will take pleasure in a powerful chance of being deemed authenticated; and likewise (three) how ought to one contemplate preserving social media sooner or later?
