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 …

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 …

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, …

Analysis of The Sedona Conference’s Publication on Social Media

The Sedona Conference® has published for public comment a key document: The Sedona Conference® Primer on Social Media. Sedona is a highly influential organization so this is an important development …

“IF YOU AINT BLASTIN, YOU AINT LASTIN!!!!”: How to Authenticate Incriminating Social Media Evidence

In our recent social media ethics webinar with John Browning of Lewis, Brisbois, (recording and slides available here) we noted the significant number of recent criminal matters involving key social …

A Real World Social Media Discovery Case Study From the Trenches

As mentioned in my last post, many law firms and eDiscovery service providers have in recent months extensively discussed social media discovery in a general fashion. Such dialogue is important …

Producing Facebook and Twitter Evidence in Native Format

Per all recent case law on the subject, including for instance EEOC v. Simply Storage, social media evidence is considered Electronically Stored Information (ESI) on the same par as email …

Limitations of Facebook “Download Your Information” Feature for eDiscovery Preservation

In October 2010, Facebook provided a “Download Your Information” (“DYI”) feature to provide a means for a user to download to their computer data they have posted to their own …

Key Facebook Metadata Fields Lawyers and eDiscovery Professionals Need to be Aware of

Thank you to all for the response and excellent feedback on our previous post outlining key Twitter metadata fields. As promised, here are some key metadata fields for each Facebook …