Court Compels Forensic Imaging of Custodian Computer, Imposes Sanctions Due to Non-Defensible eDiscovery Preservation Process

HealthPlan Servs., Inc. v. Dixit, et al., 2019 WL 6910139 (M.D. Fla. Dec. 19, 2019), is an important eDiscovery case addressing what is required and expected from organizations to comply …

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 …

Web Collection With Legitimate Public Policy Purpose Deemed Legal and Proper by Federal Courts

By John Patzakis and Craig Carpenter Social Media evidence collection for judicial and compliance purposes can involve web collection techniques using artificial or “examiner” accounts in order to access and …

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 …

Government Regulators Reject “Paper” Corporate Compliance Programs Lacking Actual Enforcement

Recently, US Government regulators fined Stanley Black & Decker $1.8m after its subsidiary illegally exported finished power tools and spare parts to Iran, in violation of sanctions. The Government found …

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) …

New York Appellate Court Allows “Data Mining” of Social Media accounts for Relevant Information

The New York Appellate Division allowed discovery into the non-public information of the social media accounts of a former professional basketball player relevant to his personal injury claims arising out …

eDiscovery Collection 3.0: Much Better, Much Faster, Much Cheaper

In his recent blog post, X1 CEO Craig Carpenter discussed the inability of any software provider to solve a critical need by delivering a truly scalable eDiscovery preservation and collection …

Three Key eDiscovery Preservation Lessons from Small v. University Medical Center

Small v. University Medical Center is a recent 123-page decision focused exclusively on issues and challenges related to preservation of electronically stored information in a large enterprise. Its an important ESI …

Dark Web Evidence Critical to all Cyber Investigations and Many eDiscovery matters

The dark web is a component of the World Wide Web that is only accessible through special software or configurations, allowing users and website operators to remain anonymous or untraceable. …

Federal Rules Advisory Committee Provides Key Guidance on Authenticating Social Media Evidence

Recently, the Advisory Committee on the Federal Rules of Evidence published an important treatise, “Best Practices for Authenticating Digital Evidence.” The Advisory Committee is an arm of the Judicial Conference …

Hundreds of Thousands of Legal Cases Estimated to Address Social Media in 2016

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 the United States …

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 …

Enterprise eDiscovery Collection Remains Costly and Inefficient

2016 marks my sixteenth year as a senior executive in the eDiscovery business. I began my career as a co-founder at Guidance Software (EnCase), serving as General Counsel, CEO and …

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 …