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October 24, 2014 |

Text Messages and the Best-Evidence Rule

It is hardly news that electronic communications—emails, text messages, instant messages and the like—have overtaken traditional writings as the prevalent means of conveying information. But while these messages move at the speed of light, courts have been somewhat slower in adapting the rules of evidence governing old-fashioned documents to these newer forms of communication. One issue that has given many courts pause is the applicability to text messages of the so-called best-evidence rule.
5 minute read
July 09, 2014 |

Judge Scraps Verizon's Lawsuit Over Discarded Cable

Acting Manhattan Supreme Court Justice Nancy Bannon said that the 80-year-old cable Verizon claimed Con Ed damaged was the case's "singular most important piece of evidence," and turning it into scrap metal left Con Ed "'prejudicially bereft' of the means of presenting their defense."
3 minute read
January 07, 2014 |

In NSA Search Ruling, Court Misses a Step to Make a Point

In Klayman v. Obama,, the U.S. District Court for the District of Columbia enjoined the National Security Agency and FBI from receiving telephonic metadata in bulk from telephone carriers and Internet service providers under the provisions of the Foreign Intelligence Surveillance Act and Patriot Act.
10 minute read

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