If you need to find if a Fedex package was sent and received a while back, the tracking information available on the Fedex website is limited. The post here on the Fedex site notes that information will only be available for packages sent and delivered in the past 90 days.


But if you have a PS|Ship account you're in luck. PS|Ship will store data about your Fedex shipments up to at least 15 years ago, and the metadata in the system will indicate if a package was delivered.


Perhaps it's not too far-fetched that data in PS|Ship should be considered as a potential source from which to collect ESI for electronic discovery.





Zoom is now offering end-to-end encryption. E2EE prevents anyone from viewing the video conference except the participants. So even your internet provider and the Zoom network admins can't access the data shared on a call. The keys for the encryption are generated on the users' computers


To activate E2EE go to settings (the cogwheel on the top right) and then select the option for 'View More Settings' at the bottom which will take you to the online account.




If you have admin rights for the account, you'll can set E2EE on the Meeting tab in the Security section.



E2EE can also be enabled for specific groups on a Zoom call.


The following services can't be used when E2EE is used for a Zoom call:


1. Cloud based recording of the Zoom call.

2. Speech-to-text transcription.

3. Breakout rooms.

4. Private chat messages.

5. Live streaming of the call on YouTube.


If end-to-end encryption is enabled, you'll see a padlock in the tiny green shield on the upper left of the screen. Without E2EE this icon will have a check mark inside.


The users on the Zoom call can also read off codes to one another, which will confirm that they have a secure connection.




Note that this is the beta version of E2EE in Zoom, so they are in the process of working out bugs.

While demonstratives are usually excluded from the jury room during deliberations, a trial court can allow their use at its discretion. In United States v. Natale, 719 F.3d 719 (7th Cir. 2013), the Court of Appeals affirmed the district court's denial of a motion for a new trial by a defendant whose motion was based on the fact that the jury was allowed to use demonstratives during their deliberations. It concluded that the court did not abuse its discretion because:


1. Both sides were given the opportunity to give the jury demonstratives.

2. The demonstratives accurately represented evidence.

3. The demonstratives did not transport counsel to the jury room since labels were removed and the jury would have to identify their content by recalling testimony.


Taking the labels off a demonstrative exhibit can help separate it from an expert's testimony about the demonstrative.


Summary charts are real evidence which a jury can review during deliberations. Federal Rule of Evidence 1006 allows summary charts or calculations to be used to show the content of voluminous records, so long as the originals can be examined by other parties. This type of summary chart is based on admissible evidence. A pedagogical device summary is used to assist the jury in reviewing testimony or admitted exhibits, and a court may not permit it to be used during deliberations.



Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

 

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This policy is subject to change at any time.

 

Contact Me With Your Litigation Support Questions:

seankevinoshea@hotmail.com

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