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 …

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 …

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”). …

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 …

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 …

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 …

“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 …

Evidentiary Challenges to Social Media Evidence Now Routine When Best Practices Not Utilized

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 …

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 …

Massachusetts Court Disallows Admission of Facebook Screenshot as Evidence

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 …

Delaware Court Affirms Conviction Based on Facebook Evidence

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 …

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