Social Discovery Requires An Investigative Platform

by Barry Murphy Recent cases, such as the one John Patzakis blogged about last week and the case in Michigan where Facebook content led to the arrest of child-beaters, have …

X1 First To Offer Social Discovery Certification

by Barry Murphy Education, training, and certification programs are foundational elements of any profession.  When it comes to relatively new functions like social media discovery, the importance of good training …

Judge Sends Facebook Friend Request, Gets Disqualified

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 …

The Benghazi ESI Scandal

Last week, the United States Senate Intelligence Committee issued a bipartisan report finding that the deadly assault on the American diplomatic compound in Benghazi, Libya, which killed US Ambassador Chris …

eDiscovery Software Industry Faces Transition

Recently, the eDiscovery and litigation support field has seen many developments reflecting a significant shift in the eDiscovery software industry. Greg Buckles and Barry Murphy of The eDiscovery Journal report …

Social Media Case Law Update — November 2013

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 …

Social Media Caselaw Update: The Acceleration Continues

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 …

Discovery Templates for Social Media Evidence

As a follow-up to the highly popular Q&A last week featuring DLA attorneys Joshua Briones and Ana Tagvoryan, they both have graciously allowed us to distribute a few of their …

Social Media Evidence at the Center of the A-Rod Suspension

Earlier this month, Major League Baseball took the unprecedented step of suspending a star player, Alex Rodriguez, for two years due alleged illegal use of performance enhancing drugs (PEDs). While …

Judge Grimm’s Important Guidance on Social Media Evidence Authentication

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, …

Zimmerman Trial Counsel Botches Social Media Evidence on National TV

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 …

Live Social Media Evidence Capture from Today’s Vegas Strip Shooting

Unfortunately, a tragic event transpired this morning in Las Vegas leaving three people dead and at least three others injured after a shooting and fiery six-vehicle crash along the Strip. …

Social Media Discovery Hotter Than Predictive Coding?

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 …

Social Media Geolocation Provides Critical Evidence – Including Admissible Hearsay

Nearly all new mobile devices not only feature geo-location but set its activation by default. Many of the most popular mobile apps are built around the premise of geo-location to …

Round up of Recent Social Media Evidence News and Resources

For this week’s entry, we have a rundown of recent developments in the world of social media evidence from some reputable sources. KL Gates Social Media Analysis. To start off, …

Plaintiff Claims Physical Injuries Made Worse by Cold Weather, Then Goes Snow Skiing

Earlier this month a New York Appellate court ordered the complete disclosure of a personal injury Plaintiff’s Facebook account.  In Richards v Hertz Corp., 2012 WL 5503841 —N.Y. Supp. 2d—, …

5 Case Studies of Social Media Evidence in Criminal Investigations

Law enforcement agencies across the nation are using social media to identify, detect and solve crimes. According to a recent survey by LexisNexis Risk Solutions of more than 1,200 law …