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 …
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 …
Federal Rule of Evidence 902(13)(14) is now in effect and is already significantly impacting computer forensics and eDiscovery collection practices. We are now seeing multiple case citations of FRE 902(13)(14) …
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 …
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 …
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 …
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”). …
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 …
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 …
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, …
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 …
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 …
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 …
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, …
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 …
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 …
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 …