Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy...more
Prosecutors offer Facebook posts to show that a gang leader "green lighted" the hatchet killing of a homeless man for "snitching" on him. A plaintiff in an internet stalking case offers the hundreds of abusive emails she...more
The NY courts are focusing on the appropriateness of discovery sought regardless of the technology in which it is contained. As the New York appellate courts continue to consider the discoverability of social media, on...more
Be careful what you post on the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more
As social media platforms and apps such as Twitter, WhatsApp, Facebook, Instagram, SnapChat, and YouTube become increasingly enmeshed in the fabric of our lives, the unintended consequences of their use cannot be overstated. ...more
It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated with relevant technology. And, relevant technology is not limited to electronic dockets (i.e., NYSCEF,...more
Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and...more
On a motion to compel that remarkably made its way all the way to the Court of Appeals, New York’s high court holds that even materials deemed “private” by a Facebook user are subject to discovery, if relevant....more
Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more
On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more
Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more
Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more
Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app....more
Are private Facebook postings entitled to more stringent protections from civil discovery? A significant string of New York Appellate Division decisions seemed to suggest that they are. But a divided panel in Forman v....more
Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more
Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more
Look around the playing fields where children practice soccer or baseball, and you will see many parents checking their phones. However, opening Facebook Messenger may lead to more than an invite to this weekend’s...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more
..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more
Is it ever NOT okay to delete your social media account? That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more