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Brogdon: When Is Social Media Evidence Admissible?
The first hurdle to be cleared is relevance. The second hurdle is the authentication hurdle, but the authentication hurdle is not as high as many lawyers seem to believe.
The Rise of the Improper 'Pleading-to-Press' Tactic
Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
In Jan. 6 Cases, Judge Amy Berman Jackson Warns of Danger to Democracy
"The judiciary, of all people, must make it clear that it is not patriotism, it is not standing up for America to stand up for one man who knows full well that he lost instead of the Constitution he was trying to subvert," Jackson told one Jan. 6 defendant.
E-Discovery: Modernizing a Practitioner's Approach in a Post-Pandemic Social Media Era
Practitioners should be aware of additional media channels and communication options when requesting ESI. As soon as litigation is anticipated, counsel should determine both whether relevant ESI may be found in these alternative media, and the accessibility of this information.
Appellate Division: State Can Compel Defendant to Provide Cellphone Passcode
The appeals court said the lower court "erred by misapplying the foregone conclusion standard and importing Fourth Amendment principles into what is purely a Fifth Amendment inquiry."
Law Journal Press | Digital Book
Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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5th Circuit Raises Bar for Introducing Historical Snapshots of Websites Into Evidence
Evidence is time-sensitive and attorneys thinking of relying on web snapshots would be well-advised to secure web-based documentation sooner rather than later.
Think Before You Delete: Social Media's Mass Deletion Features Could Exasperate E-Discovery
While not all posts or social media activity is relevant to an investigation or potential litigation, e-discovery lawyers say mass deletion social media tools may likely increase spoliation risks.
Feds Ask for Up to 9 Years in Prison for Roger Stone, Citing 'Contempt for This Court'
"Stone's criminal conduct was not an act of desperation," prosecutors wrote. "Rather, his conduct was undertaken purposefully, by someone who knew exactly what he was doing."
'Residual Hearsay' Exception: Recent Changes Bring More Muscle
In his Complex Litigation column, Michael Hoenig discusses the hearsay rule and some of its exceptions, particularly focusing on the newly revised revised Rule 807, which is now seemingly more muscular than the old rule and may go from rare use to a thriving battlefront.
Instagram Video Appears to Show a Crime, But Did It Really?
Video evidence plays a huge role in courts, and the level of trust given to that evidence can affect whether someone walks free or winds up behind bars.TRENDING STORIES
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