Facebook Groups are an Important Source of Electronic Evidence

Facebook Groups are moderated online forums on the social media giant’s platform where often thousands of users engage with and share content with others. The groups can be either private …

X1 Social Discovery Case Law Update

  X1 Social Discovery had a key mention in a US Federal Court decision published last week. Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. …

Why Post-Level Parsing is Critical for Effective Social Media Evidence Collection

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 immeasurably …

The Reddit Evidence Hotbed: Three Important Tips for Reddit Web Investigations

By John Patzakis and Ashley Aranega   Over the past two weeks, stock traders fueled by Reddit message boards have engaged in a classic short squeeze that could involve potentially …

Facebook Download Your Information Function Omits Significant Amounts of Evidence

By John Patzakis and Brent Botta Facebook provides a “Download Your Information” (“DYI”) function to allow users to download to their computer data they have posted to their own accounts. …

Another Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence

The Supreme Court of Vermont overturned a felony conviction due to the prosecutions’ failure to properly authenticate social media evidence, finding that the printed records subpoenaed directly from Facebook were …

X1 Integrates Social Media and Web Evidence Collections into Relativity

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 immeasurably …

Overcoming Evidentiary Challenges to Social Media Evidence

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 …

Web Collection With Legitimate Public Policy Purpose Deemed Legal and Proper by Federal Courts

By John Patzakis and Craig Carpenter Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and …

Post-Cambridge Analytica Social Media Collection for Compliance and Legal Purposes

Social media eDiscovery has been impacted by far greater forces in recent months. In response to the Cambridge Analytica scandal and other similar bad actors, the social media platforms have …

Social Media Statements: Key Evidence and Often Exceptions to the Hearsay Rule

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 …

90 Percent of Law Firms Managed Social Media Evidence Collections in 2018

The International Legal Technology Association recently published a very informative and comprehensive law firm eDiscovery practice survey “2018 Litigation and Practice Support Survey.” ILTA received responses from 181 different law …

Rule of Evidence 902(13)(14) Update: States Begin Adoption, First Case Citations

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) …

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 …

New York Appellate Court Allows “Data Mining” of Social Media accounts for Relevant Information

The New York Appellate Division allowed discovery into the non-public information of the social media accounts of a former professional basketball player relevant to his personal injury claims arising out …

Dark Web Evidence Critical to all Cyber Investigations and Many eDiscovery matters

The dark web is a component of the World Wide Web that is only accessible through special software or configurations, allowing users and website operators to remain anonymous or untraceable. …

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 …