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 …
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 …
By John Patzakis Global law firm Gibson Dunn has released their esteemed 2015 Mid-Year eDiscovery and Information Law Update. In a section dedicated to social media, the Gibson Dunn update reports that …
by John Patzakis 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 …
by John Patzakis In recent months, courts in several reported decisions have excluded evidence in the form of screen captures of social media. These court decisions greatly impacted the overall …
by John Patzakis A US Federal Appellate Court, Second Circuit, recently overturned a criminal conviction upon finding that the lower court erroneously admitted a screenshot of the defendant’s alleged profile …
by John Patzakis This past month of April saw a surge in case law involving social media cases with 112 cases published on Westlaw, representing a substantial increase from January …
by John Patzakis In yet another ruling highlighting the reckless practice of relying on mere screenshots to present social media evidence, a Massachusetts Appellate Court ruled a Facebook post submitted …
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 …
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 …
As part of our periodic practice, we are checking in on the reported cases involving social media evidence for this past month of January. A quick tally identifies 74 cases …
As part of our periodic semi-monthly practice, we are checking in on the reported cases involving social media for this past month of November. Based upon reader feedback, I am …
Last year our survey of published case law from 2010 and 2011 identified 689 cases involving social media evidence for that time period. Since then, the pace has so rapidly accelerated that …
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, …
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 …
It was a great show last week at LegalTech New York. Definitely an increase in the number and quality of attendees and it was nice to see many friends and …
Recently two separate and prominent courts — the federal court for the Northern District of California and the Delaware Court of Chancery (which is the primary court of equity for …