Investigating Your eDiscovery Project Assumptions – Measure Twice Series, Part 3
A multi-part series providing guidance on how to effectively scope and plan eDiscovery projects In the first Part of this series, we reviewed the value of preparation, planning, and checklists, as well as the evolving challenges and expectations associated with eDiscovery project planning. In the second Part, we discussed the initial eDiscovery project scoping steps…
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Social Media Summary – Gone Viral Series, Part 8
This multi-part series on how to overcome the technical and legal challenges raised by the involvement of social media sources and data in electronic discovery ends with a summary and set of key takeaways. This includes covering social media sources of ESI, the acquisition, authentication, spoliation, reliability of evidence and the ethical concerns therein.
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Initial eDiscovery Project Scoping Steps – Measure Twice Series, Part 2
A multi-part series providing guidance on how to effectively scope and plan eDiscovery projects In the first Part of this series, we reviewed the value of preparation, planning, and checklists, as well as the evolving challenges and expectations associated with eDiscovery project planning. In this Part, we discuss the initial eDiscovery project scoping steps you…
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Ethics and Reliability in Social Media – Gone Viral Series, Part 7
In addition to the obvious need to not to intentionally spoliate or advise spoliation, the rise in the use of social media as evidence has developed ethics and reliability concerns for attorneys. Consequently, this rise in importance has led to additional questions that state bars have begun to address. Concerns are raised in the reliability of social media data gathered, as the Internet has seen a massive surge in deliberately fake content. Some of it is intended only to entertain or advertise or get attention, but some of it is intended to sow confusion and misinformation.
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Clichés, Chaos, and eDiscovery Project Planning – Measure Twice Series, Part 1
A multi-part series providing guidance on how to effectively scope and plan eDiscovery projects We have a lot of maxims in English about the value of preparation, like “measure twice, cut once” or “a stitch in time saves nine.” Perhaps the most well-known aphorism of this type is “an ounce of prevention is worth a…
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Spoliation of Social Media Evidence – Gone Viral Series, Part 6
An August 2016 review by X1 uncovered more than 9,500 cases from the preceding 12 months in which social media evidence played a significant role – growth of more than 50% over the prior year. The rise in the presence of social media in the courts has led to preservation and spoliation concerns. Social media evidence is more frequently being treated as a standard source–if relevant, it must be preserved and produced and not altered, deleted, or hidden. It is clear from the six cases covered in this article that, while parties and their attorneys may be struggling with social media, courts are very comfortable treating it like any other source of evidence: if relevant, it needs to be preserved and produced; and, under no circumstances should it be intentionally altered, deleted, or hidden.
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ICYMI: Monthly News Round-Up for May 2017
A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “In Case You Missed It,” XDD’s monthly news round-up. In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month. This post gathers…
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Social Media Evidence Authentication in the Courts – Gone Viral Series, Part 5
When looking at the authentication of social media evidence in the courts, we can focus on cases from Maryland and Texas. These were two of the first states to address these issues at the appellate level, and each staked out a different position that has since been followed by other states. The Maryland Rule embodies the fear of “voodoo information,” requiring a better demonstration of authenticity before the evidence can reach the jury, while the Texas Rule entrusts the disputed fact conclusions to the jury. The two approaches taken reflect the tension we reviewed in the previous part, between permissive rules and fearful judges.
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Conducting Effective Custodian Interviews, Part 3
A short series reviewing custodian interviews, why they matter, and how to do them effectively In the first Part of this short series, we reviewed what custodian interviews are, why they matter, and who gets interviewed. In the second Part, we reviewed what should be asked in those interviews. In this final Part, we conclude…
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Authentication and Admissibility of Social Media Evidence – Gone Viral Series, Part 4
In order for any of the materials you have preserved and collected to be usable at trial, they will have to be admitted as evidence. When it comes to successfully admitting social media as evidence, the materials must be both authentic and admissible. The admissibility of the evidence looks at its relevance, possibility of prejudice, and status of hearsay. Likewise, a witness with knowledge providing authenticating testimony and considering distinctive characteristics of evidence are examples of ways to establish authenticity.
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