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USDOJ Expects Companies to Proactively Employ Data Analytics to Detect Fraud

By John Patzakis and Craig Carpenter In corporate fraud enforcement actions, The US Department of Justice considers the effectiveness of a company’s compliance program as a key factor when deciding whether …

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Overcoming Evidentiary Challenges to Social Media Evidence

As succinctly noted by The Florida Bar Association in its publication, Florida Law Journal: “Social media is everywhere. Nearly everyone uses it. Litigants who understand social media–and its benefits and limitations–can …

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Web Collection With Legitimate Public Policy Purpose Deemed Legal and Proper by Federal Courts

By John Patzakis and Craig Carpenter Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and …

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Post-Cambridge Analytica Social Media Collection for Compliance and Legal Purposes

Social media eDiscovery has been impacted by far greater forces in recent months. In response to the Cambridge Analytica scandal and other similar bad actors, the social media platforms have …

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Social Media Statements: Key Evidence and Often Exceptions to the Hearsay Rule

Here is a quick legal evidence quiz: Identify the three distinct hearsay exceptions in the following Tweet:   The first exception would be under Federal Rule of Evidence 803(2): “Rule …

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