ELIJAH Digest – June 2017


Reality Winner, N.S.A. Contractor Accused of Leak, Was Undone by Trail of Clues – The New York Times

WASHINGTON — In the months after President Trump was elected, Reality Leigh Winner frequently expressed outraged political views about him on social media, in between photos of her cats and favorite quotations. But on the afternoon of May 9, she posted an unusually anodyne message on Facebook, noting that she would be teaching two yoga classes that evening…

Forensic Computer Reviews and Emails as Documentary Evidence – New York Law Journal

Forensic reviews of an opposing party’s computer to obtain electronically stored information (ESI) have been recently addressed in a number of state court decisions. The request is sometimes initially denied, as courts first want to see if the requesting party can obtain the sought after ESI from another source, as formed part of the rationale for the denial for such a review in the recent decision Genger v. Genger, 2016 N.Y. App. Div. LEXIS 7835, 2016 NY Slip Op. 07988 (1st Dep’t Nov. 29. 2016). The disclosure to the requesting party of irrelevant, confidential or privileged information resulting from such a review can be prevented through reviewing protocols that are often standard, and in Matter of Nunz, 2016 N.Y. Misc. LEXIS 2891, 2016 NY Slip Op. 51185(U) (Surr. Ct. Erie Co. Aug. 9, 2016), the Surrogate’s Court, in fact, heightened those protections…


Charges stand in Burlington Township murder case [where ELIJAH served as the Computer Forensic Expert] – The Daily Herald

Daniel Rak will go on trial on charges he murdered his father despite his lawyers’ emails about the case being sent to the Kane County state’s attorney’s office. Judge D.J. Tegeler found Public Defender Kelli Childress did not present evidence of “outrageous conduct” on the part of prosecutors that was severe enough to significantly prejudice Rak’s 6th Amendment right to a fair trial…

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