5 Key Takeaways From The Sedona Conference’s Social Media eDiscovery Primer

The Sedona Conference® (“TSC”) has just published the 2nd edition of their very useful Primer on Social Media. Sedona is a very influential organization so this is an important development further underscoring …

A Rule 902(14) Process of Digital Authentication of Social Media Evidence Explained (Technical Overview with Provided Resources)

Federal Rule of Evidence 902(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. Baker & McKenzie, the world’s largest law firm, recently weighed …

Practice Tool: Sample FRE 902(14) Certification to Authenticate Social Media Evidence

Update: Law Firm Baker Hostetler has posted a good 902(14) model certification as well. As part of our continuing coverage of Federal Rule of Evidence 902(14), which goes into effect …

Canadian Court Admonishes Police for Submitting Facebook Screenshots as Evidence

In a terrorism case before the Supreme Court of British Columbia, a defendant currently faces charges for allegedly supporting and conspiring with the Islamic State of Iraq and Syria (“ISIS”). …

New Federal Rule of Evidence to Directly Impact Computer Forensics and eDiscovery Preservation Best Practices

At X1, an essential component of our mission is to develop and support exceptional technology for collecting electronic evidence to meet eDiscovery, investigative and compliance requirements. It is also our …

Delaware Court Affirms Conviction Based on Facebook Evidence

by John Patzakis Tiffany Parker and Sheniya Brown of Wilmington, Delaware, exchanged heated messages on Facebook over a mutual love interest, and the conflict escalated considerably when they subsequently encountered …

Judge Grimm’s Important Guidance on Social Media Evidence Authentication

Recently, Federal District Court Judge Paul Grimm and two of his law clerks published an excellent and comprehensive legal article: “Authentication of Social Media Evidence,” American Journal of Trial Advocacy, …

Analysis of The Sedona Conference’s Publication on Social Media

The Sedona Conference® has published for public comment a key document: The Sedona Conference® Primer on Social Media. Sedona is a highly influential organization so this is an important development …

Authenticating Internet Web Pages as Evidence: a New Approach

By John Patzakis and Brent Botta In recent posts, we have addressed the issue of evidentiary authentication of social media data. (See previous entries here and here). General Internet site …

“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 …

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, …

Key Facebook Metadata Fields Lawyers and eDiscovery Professionals Need to be Aware of

Thank you to all for the response and excellent feedback on our previous post outlining key Twitter metadata fields. As promised, here are some key metadata fields for each Facebook …

Key Twitter Metadata Fields Lawyers and eDiscovery Professionals Need to Be Aware of

As discussed in our previous post, authentication of social media evidence can present significant challenges when you collect by screen shots, printouts or raw html feeds from an archive tool. This …

Facebook Evidence Disallowed By Court Due to Lack of “Identifying Characteristics”

There has been a lot of discussion on the recent case of State of Connecticut vs. Eleck, 2011 WL 3278663 (Conn.App. 2011), which highlights the importance of employing best practices technology to …

Authentication of Social Media Evidence

With over 800 million Facebook users and 200 million people with Twitter accounts, evidence from social media sites can be relevant to just about every litigation dispute and investigation matter. …