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 …

Practice Tool: Sample FRE 902(14) Certification to Authenticate Social Media Evidence

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 …

Federal Rule of Evidence 902(14) Will Especially Impact Social Media Evidence Preservation

On December 1, 2017, Federal Rule of Evidence 902(14) will go into effect, with a significant expected impact on social media evidence collection processes. To review, FRE 902(14) is a …

Canadian Court Admonishes Police for Submitting Facebook Screenshots as Evidence

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”). …

ILTA eDiscovery Survey Reflects Increased Social Media Discovery

The International Legal Technology Association recently published a very informative and comprehensive law firm eDiscovery practice survey “2016 Litigation and Practice Support Technology Survey.” ILTA received responses from 204 different …

New Federal Rule of Evidence to Directly Impact Computer Forensics and eDiscovery Preservation Best Practices

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 …

LTN: Social Media Evidence Even More Important than email and “Every Litigator” Needs to Address It

Brent Burney, a top eDiscovery tech writer of Legaltech News, recently penned a detailed product review of X1 Social Discovery after his extensive testing of the software. (Social Media: A …

Hundreds of Thousands of Legal Cases Estimated to Address Social Media in 2016

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 the United States …