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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
In October 2010, Facebook provided a “Download Your Information” (“DYI”) feature to provide a means for a user to download to their computer data they have posted to their own …
As reflected by extensive recent discussion in the legal and eDiscovery community in recent months it is clear we all understand social media evidence is relevant to just about any …
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. …