A Warning to Law Firms and Litigants: Unlawful Disclosure of PHI in Litigation Can Lead to Trouble

By Joshua Mooney, White and Williams LLP   The handling of sensitive data with appropriate care in litigation is a critical aspect of legal practice. Recent ABA Formal Opinions 477 and 483 discuss requirements for securing protected client information and lawyers’ obligations after a cyberattack. Conduct during litigation is no different. Unless stated otherwise by
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Massachusetts High Court Holds Suspect Can Be Compelled to Unlock Smart Phone

By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP   The highest court of Massachusetts recently held that a suspect can be compelled to enter his passcode to unlock and decrypt his cell phone where the government showed the suspect’s knowledge of the passcode was a foregone conclusion.   In Commonwealth v. Jones,
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Police Can’t Force You to Unlock Your Phone with Finger or Face, Judge Rules

By Jeffrey A. Franklin, Prince Law Offices P.C. On January 10, 2019, a federal magistrate judge limited law enforcement’s requests to utilize biometric features, e.g., finger, facial or iris recognition, to unlock smartphones or computers that may be found at a residence during a search. The ruling came In the Matter of the Search of
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