Key Social Media Evidence Missed, Court Finds “No Justification” for Defense Counsel’s Failure to Perform Adequate Pre-Trial Social Media Investigation

Last week the US District Court of Appeals, 10th Circuit, affirmed a trial court’s ruling denying a motion for new trial based in part on newly discovered (post trial) social …

Court Bars Key Facebook Evidence in form of Screenshots for Lack of Authentication

Last week, the Louisiana appellate court, 4th Circuit, issued a written opinion in a felony criminal case disallowing key social media evidence due to a lack of authenticity. (State of …

Leveraging Analytics for Social Media Investigations

Professional digital investigations often involve hundreds of thousands of items of disparate information. Many of our X1 Social Discovery customers report collecting and searching through over a million social media …

SEARCH REVEALS HUNDREDS OF IMPROPER JUROR SOCIAL MEDIA POSTS PER DAY (PART 2)

In response to our post two weeks ago identifying widespread social media abuse by jurors that could quite possibly lead to mistrials, a frightened prosecutor and others have inquired about …

Search Reveals Hundreds of Improper Juror Social Media Posts Per Day

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 …

New FRCP Rule 37(e) Calls Out Importance of Social Media Evidence

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 …

Gibson Dunn Report: Number of Cases Involving Social Media Evidence “Skyrocket”

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 …

X1 Social Discovery Available as a Hosted Solution

X1 Social Discovery is the leading social media and website collection, preservation, and ECA tool on the market.  Customers love it for many reasons: Defensibility: MD5 hash values of individual …

Judges Believe Social Media will Have Biggest Effect on eDiscovery Over the Next Two Years

The good folks at Exterro recently released a very interesting report titled “Federal Judges Survey, eDiscovery Best Practices and Trends.”  The title includes a link to download the report, which …

Social Media More Relevant than Ever — Hundreds of Thousands of Legal Cases Estimated to Address Social Media in 2014

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 …

Social Media Evidence Law Update: Numerous Recent Decisions Disallow Social Media Screen Prints as Evidence

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 …

Botched Social Media Evidence Collection Results in Overturned Conviction

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 …

Why Printing Social Media Pages is a Bad Idea and May Violate an Attorney's Duty of Competence

by John Patzakis Cases involving social media are published on a daily basis, and if social media evidence doesn’t routinely factor into your litigation (if you are a lawyer) or …

Social Discovery: An Interview With Howard Williamson

This week’s blog is something new for X1 – a Q & A with Howard Williamson, the General Manager for X1’s market leading Social Discovery product.  Howard is an experienced …

Social Media Discovery is Game-Changing, and The Smart Practitioners Get It

by John Patzakis Last week we featured guest blogger Mark Lanterman, Chief Technology Officer of Computer Forensics Services, Inc., who discussed how he performed innovative and cutting-edge social media investigations. The …

“Elephant in the Room” – Case Studies of Social Media in Civil and Criminal Cases

Editor’s Note: We are pleased to welcome a guest blogger Mark Lanterman, Chief Technology Officer of Computer Forensics Services, Inc, (CFS) a Minnesota-based eDiscovery and computer forensics services firm. CFS …

Social Discovery’s Time Is Now

by Barry Murphy The 80/20 rule tends to apply in all aspects of life, and it is certainly applying to social discovery, at least in terms of who “gets it” …