eDiscovery Search and Collection in the Cloud

After several dozen posts on social media eDiscovery, we are going to focus the next few weeks on the related issue of eDiscovery in the cloud. As we see it, …

“IF YOU AINT BLASTIN, YOU AINT LASTIN!!!!”: How to Authenticate Incriminating Social Media Evidence

In our recent social media ethics webinar with John Browning of Lewis, Brisbois, (recording and slides available here) we noted the significant number of recent criminal matters involving key social …

689 Published Cases Involving Social Media Evidence (With Full Case Listing)

The torrent of social media evidence continues to grow. In November 2011 we searched online legal databases of state and federal court decisions across the United States to identify the …

Jurors All "Atwitter"

The Federal Judicial Center (“FJC”) recently published a report surveying 952 federal district court judges to identify the scope of jurors’ improper use of social media during trial and how …

Social Media Ethics Webinar with Lewis Brisbois

On Thursday March 1, I will be speaking along with social media expert lawyer John Browning of Lewis Brisbois, and Josh Rosenberg of LexisNexis in a complimentary webinar addressing ethics …

Tompkins v. Detroit Metropolitan Airport; the Importance of Systematic Public Search of Social Media Evidence

In a recent decision, a Federal District Court in Michigan ruled that while social media is clearly discoverable, there must be some showing of relevance before the court moves to …

A Real World Social Media Discovery Case Study From the Trenches

As mentioned in my last post, many law firms and eDiscovery service providers have in recent months extensively discussed social media discovery in a general fashion. Such dialogue is important …

Top eDiscovery Trends for 2012: Tough to Find a List without Social Media

The buzz around the eDiscovery of social media continues unabated in 2012, and for good reason. I challenged the team here at X1 Discovery to identify a numerical “2012 top …

The Proper Method for Lawyers to “Follow” Jurors and Witnesses

Twitter continues to be a significant source of evidence in litigation and corporate investigation matters.  A legal database search of published opinions reveals several dozen known cases recently involving Twitter-based …

Pennsylvania Court’s Excellent “Whitepaper” on Social Media Discovery

Another Pennsylvania court recently ruled that information posted by a party on their personal Facebook page is discoverable and ordered the plaintiff to provide their user name and password to …

The Affirmative Legal Duty to Address Social Media Evidence (Guest Attorney Blogger Edition)

Today we are pleased to welcome a guest attorney blogger, John Browning who is a partner in the Dallas office of Lewis Brisbois Bisgaard & Smith LLP.  John is a …

Legal Experts: Attorneys Have an Affirmative Duty to Address Social Media Evidence

First, many thanks to all who participated in our legal ethics and social media evidence collection webinar. Special thanks also to the esteemed Ralph Losey of Jackson Lewis for his …

Producing Facebook and Twitter Evidence in Native Format

Per all recent case law on the subject, including for instance EEOC v. Simply Storage, social media evidence is considered Electronically Stored Information (ESI) on the same par as email …

Can Lawyers Be Disqualified by Merely Viewing a Linkedin Profile? The Implications of Indirect Social Media Communications and Legal Ethics Rules

With attorneys and their hired consultants routinely collecting social media evidence for investigation and eDiscovery purposes, it is important to be aware that such activity can generate various direct and …

Facebook Spoliation Costs Lawyer $522,000; Ends His Legal Career

In what many are calling the largest eDiscovery sanction penalty ever leveled directly against an attorney, a Virginia state judge ordered lawyer Matthew Murray to pay $522,000 for instructing his …

674 Published Cases Involving Social Media Evidence

Many in the legal and eDiscovery field cite the very illuminating research from the Duke Law Journal published in the spring 2011, which, based upon their search of the case law, …

Discovery Procedures to Obtain Social Media Evidence – 3 Different Approaches

As the realization that social media is relevant to just about every form of litigation gains critical mass, the question turns to what is the most effective discovery process  to …