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The Law of Unintended Consequences Strikes over PI Licensing Law in Texas

Posted on January 9, 2009

In the wake of passing amendments to Texas PI licensing laws (see our posts here), cities hoping to issue traffic tickets using automated cameras have run into an unexpected barrier: a court’s interpretation of those licensing laws: Do the collection and evaluation of electronic records for use in court require a professional license? In litigation […]

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Posted in Articles, State Licensing Laws, Technology, Texas | Leave a Comment »

PI Licensing Laws in Texas and Michigan Continue to get Press

Posted on July 31, 2008

This time, the CEO (and former litigator) of Catalyst, John Tredennick, writing in Law Technology Today (reg’n may be required) passes comment: Two states have recently enacted statutes that make it a crime for unlicensed individuals to engage in computer forensics. Texas passed a law that would give regulators the power to impose up to […]

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Posted in Articles, Data Collection, EDD Industry, Forensics, Laws, Michigan, Privacy, Texas, Vendor Liability | 2 Comments »

Legal Challenge to Texas’ PI Law emerges: Standing up for the Computer Technician

Posted on June 28, 2008

The Institute for Justice, with a newly opened Austin chapter, has decided to challenge the new Texas statute that appears to mandate that some computer techs must obtain a private investigator’s license: Under the new law enacted in 2007, Texas has put computer repair shops on notice that they had better watch their backs any […]

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Posted in Articles, Legislation, Texas, Trends | 5 Comments »

Will Lit Support Vendors need a PI License in Texas?

Posted on July 17, 2007

NB: Updates can be found on Post Process here, here, and here. There has been much discussion in the litsupport groups concerning a new law set to take effect on September 1, which, among other things, expands the definition of an “investigations company.” From 80(R) HB 2388, Here is the full text of this section […]

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Posted in Laws, Legislation, states, Texas | 5 Comments »

Computer Forensics Used in a Texas Murder Case

Posted on January 20, 2010

The Washington Post brings us the story: WACO, Texas — In the month before his wife died, a minister in Texas tried to buy a prescription sleeping aid online and conducted an Internet search for “overdose on sleeping pills,” computer experts testified Thursday in his murder trial. Neal Kersh, a computer forensics examiner, testified that […]

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Posted in Articles, Computer Forensics | Leave a Comment »

More details on PI Licensing and Forensics Technicians

Posted on July 1, 2008

An update on the licensing issues discussed here, here, and here, with a couple of helpful links. First, Kessler International, a company that engages in forensics accounting, computer forensics and corporate investigations, has posted the results of a survey concerning state licensing laws with respect to forensics accounting and computer forensics companies and employees. The […]

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Posted in Computer Forensics, Computer Security, Laws, Legislation | 2 Comments »

Case Summary: Cammarata; Court Discusses E-Discovery Misconduct, Proportionality and Reasonableness

Posted on March 26, 2010

Rimkus Consulting Group, Inc. v. Cammarata, 2010 U.S. Dist. LEXIS 14573 (S.D. Tex. Feb. 19, 2010) Procedural History: In Nov. 2006, Rimkus was sued by former employees Nickie Cammarata and Gary Bell. In this action in Louisiana, Cammarata and Bell sought a declaratory judgment that the forum-selection, choice-of-law, noncompetition, and nonsolicitation provisions in agreements they […]

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Posted in 5th Circuit, Adverse Inference, Burden of Proof, Case Summary, Duty to Preserve, Inherent Power of Fed. Courts, Judge Lee H. Rosenthal, Litigation Hold, S.D. Tex., Sanctions, Spoliation | 7 Comments »

What we have here, is a failure to communicate…

Posted on July 10, 2008

In three different interviews, and one post-mortem editorial, networkperformancedaily gets caught in the crossfire of differing interpretations of Texas’ new PI licensing statute. The amended statute, first noted by Post Process in July 2007, expands the definition of an “investigations company” so that it may include those tasks engaged in, not only by computer forensics […]

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Posted in Articles, Laws, State Licensing Laws, Trends, Vendor Liability | 1 Comment »

State Law Bibliography

Posted on June 22, 2008

Post Process-This is not a comprehensive listing, but we are adding to it as often as we can. Although some cases cited below are Federal Courts, the cases will contain an interpretation of state law. Any linked opinions will likely open into a PDF file, so be prepared. ALABAMA Judicial Oversight and Procedure of Discovery […]

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Trend in Licensing for Computer Forensics Continues with New Michigan Law

Posted on June 18, 2008

Post Process has already remarked on a Texas law that implies that computer forensics experts must have a private investigator’s license. Now it’s Michigan’s turn. Joe Howrie has written an article on a new Michigan law that requires people engaging in “computer forensics” to acquire a license as a private investigator: “According to the state […]

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Posted in Articles, Data Collection, Forensics, Laws, Legislation, Privacy, Trends, Uncategorized | 1 Comment »