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 …

Highlights from Reed Smith’s SharePoint eDiscovery Webinar

by John Patzakis Reed Smith recently hosted an excellent webinar on SharePoint eDiscovery challenges, led by Patrick Burke with the firm’s eDiscovery team. The webinar featured a substantive and detailed …

Discovery Templates for Social Media Evidence

As a follow-up to the highly popular Q&A last week featuring DLA attorneys Joshua Briones and Ana Tagvoryan, they both have graciously allowed us to distribute a few of their …

Social Media Evidence at the Center of the A-Rod Suspension

Earlier this month, Major League Baseball took the unprecedented step of suspending a star player, Alex Rodriguez, for two years due alleged illegal use of performance enhancing drugs (PEDs). While …

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, …

Zimmerman Trial Counsel Botches Social Media Evidence on National TV

If you are trial counsel presenting, for example, DNA or scientific accident reconstruction evidence, you would be sure to have a good command of such evidence. Not that a PhD …

SharePoint eDiscovery: Ten Times the Cost

Our recent webinar on SharePoint eDiscovery challenges with eDiscovery Journals’ Greg Buckles featured a substantive and detailed discussion on the nuances, pitfalls and opportunities associated with eDiscovery of data from …

Social Media Geolocation Provides Critical Evidence – Including Admissible Hearsay

Nearly all new mobile devices not only feature geo-location but set its activation by default. Many of the most popular mobile apps are built around the premise of geo-location to …

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 …

The Challenge of Defensible Deletion of Distributed Legacy Data

According to industry studies, it is common for companies to preserve over 250,000 pages and manually review over 1,000 pages for every page produced in discovery. However, when companies cull …

National White Collar Crime Center Launches Certified Training for X1 Social Discovery

This past month, the National White Collar Crime Center (NW3C), an internationally recognized leader in education and support in the prevention and prosecution of high-tech crime, announced a strategic partnership …

Police Embrace Social Media as Crime-Fighting Tool (CNN Article)

Recently, CNN published an article illustrating how law enforcement agencies are using social media to help solve their cases.  CNN reporter Heather Kelly, states, “leveraging Facebook is just one of …

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 …

Case Study: The Importance of Integrated Social Media and Website Crawling Collection

One of the benefits of the very strong market adoption of our X1 Social Discovery software is that we receive a significant amount of invaluable and excellent customer feedback from …

Judge Peck: Cloud For Enterprises Not Cost-Effective Without Efficient eDiscovery Process

Federal Court Magistrate Judge Andrew Peck of the New York Southern District is known for several important decisions affecting the eDiscovery field including the ongoing  Monique da Silva Moore v. …

Surging Wage and Hour Class Action Suits and the Importance of Social Media Evidence

Wage and hour class action suits are rising dramatically. According to the USA Today, Plaintiffs filed 7,006 federal court wage-and-hour suits in 2011, many of them class actions, nearly quadruple …

Social Media Case Law Update: Volume of Cases Accelerating

Recently our survey of published case law from 2010 and 2011 identified 689 cases involving social media evidence for that time period.  While these results exceeded our expectations, that pace …