Federal Rules Advisory Committee Provides Key Guidance on Authenticating Social Media Evidence

Recently, the Advisory Committee on the Federal Rules of Evidence published an important treatise, “Best Practices for Authenticating Digital Evidence.” The Advisory Committee is an arm of the Judicial Conference …

New Sedona Commentary Provides Guidelines for Defensible eDiscovery Collection and Early Data Assessment

The Sedona Working Group on Electronic Document Retention & Production (WG1), recently published for public comment a Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a …

LTN: Social Media Evidence Even More Important than email and “Every Litigator” Needs to Address It

Brent Burney, a top eDiscovery tech writer of Legaltech News, recently penned a detailed product review of X1 Social Discovery after his extensive testing of the software. (Social Media: A …

Defensible Custodian Self-Collection Now a Reality

eDiscovery collection and preservation efforts are often costly, time consuming and burdensome. Even worse, courts continue to routinely dish out punitive sanctions for ESI preservation failures. The volume of Electronically …

Hundreds of Thousands of Legal Cases Estimated to Address Social Media in 2016

As part of our ongoing effort to monitor legal developments concerning social media evidence, we again searched online legal databases of state and federal court decisions across the United States …

Key Social Media Evidence Missed, Court Finds “No Justification” for Defense Counsel’s Failure to Perform Adequate Pre-Trial Social Media Investigation

Last week the US District Court of Appeals, 10th Circuit, affirmed a trial court’s ruling denying a motion for new trial based in part on newly discovered (post trial) social …

Recent Court Decisions, Key Industry Report Reveal Broken eDiscovery Collection Processes

  While the eDiscovery industry has seen notable advancements and gained efficiencies in widespread adoption of hosted document review and supporting technologies, the same is not yet true for the …

Full Disk Imaging is Expensive Overkill for eDiscovery Collection

Early in my tenure as co-founder at Guidance Software (EnCase), we commercialized full-disk imaging circa 2001 with EnCase Forensic edition, which was the first Windows-based computer forensics tool. EnCase Forensic …

Changing the Game for Rule 26(f) Meet and Confer Efforts with Pre-Collection Early Data Assessment

One of the most important provisions of the Federal Rules of Civil Procedure that impact eDiscovery is Rule 26(f), which requires the parties’ counsel to “meet and confer” in advance …

Court Bars Key Facebook Evidence in form of Screenshots for Lack of Authentication

Last week, the Louisiana appellate court, 4th Circuit, issued a written opinion in a felony criminal case disallowing key social media evidence due to a lack of authenticity. (State of …

True Enterprise-Wide eDiscovery Collection is Finally Here

My previous post discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection solution that can search across thousands …

Enterprise eDiscovery Collection Remains Costly and Inefficient

2016 marks my sixteenth year as a senior executive in the eDiscovery business. I began my career as a co-founder at Guidance Software (EnCase), serving as General Counsel, CEO and …

Leveraging Analytics for Social Media Investigations

Professional digital investigations often involve hundreds of thousands of items of disparate information. Many of our X1 Social Discovery customers report collecting and searching through over a million social media …

SEARCH REVEALS HUNDREDS OF IMPROPER JUROR SOCIAL MEDIA POSTS PER DAY (PART 2)

In response to our post two weeks ago identifying widespread social media abuse by jurors that could quite possibly lead to mistrials, a frightened prosecutor and others have inquired about …

Search Reveals Hundreds of Improper Juror Social Media Posts Per Day

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 …

Print Screen for Social Media Evidence: Not Defensible and Also Very Expensive

As we often note on this blog, courts continue to routinely find that the testimony of an individual who merely printed a copy of a social media webpage is insufficient …

New FRCP Rule 37(e) Calls Out Importance of Social Media Evidence

By John Patzakis A new version of Federal Rule of Civil Procedure 37(e) goes into effect December 1, 2015, barring an unexpected act of Congress to amend or rescind the …