X1 Social Discovery Case Law Update
X1 Social Discovery had a key mention in a US Federal Court decision published last week. Edwards v. Junior State of America Foundation, No. 4:19-CV-140-SDJ, (US Dist. CT, E.D. …
Why Post-Level Parsing is Critical for Effective Social Media Evidence Collection
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 immeasurably …
Full Disk Imaging Not Required for eDiscovery Collections
In Fact, Courts and Legal Commentators Disfavor the Practice By John Patzakis[1] The collection and preservation of Electronically Stored Information (ESI) in the enterprise remains a significant …
The Reddit Evidence Hotbed: Three Important Tips for Reddit Web Investigations
By John Patzakis and Ashley Aranega Over the past two weeks, stock traders fueled by Reddit message boards have engaged in a classic short squeeze that could involve potentially …
Facebook Download Your Information Function Omits Significant Amounts of Evidence
By John Patzakis and Brent Botta Facebook provides a “Download Your Information” (“DYI”) function to allow users to download to their computer data they have posted to their own accounts. …
Another Criminal Conviction Overturned Due to Failure to Authenticate Social Media Evidence
The Supreme Court of Vermont overturned a felony conviction due to the prosecutions’ failure to properly authenticate social media evidence, finding that the printed records subpoenaed directly from Facebook were …
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 …
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 …
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 …
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 …
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”). …
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 …
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 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 …
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