Carey Busen

BakerHostetler

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Social Media Privacy Settings May Not Protect Your Information From Discovery

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

3/16/2018 / Discovery , Electronically Stored Information , Evidence , Facebook , Motion to Compel , Popular , Social Media

Strategic Implications of Amendments to the Federal Rules of Evidence

On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more

1/26/2018 / Amended Rules , Discovery , Electronically Stored Information , Evidence , Federal Rules of Evidence , FRE Rule 902 , Self-Authentication

It’s the End of Authentication (of ESI) as We Know It

Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the...more

11/30/2017 / Amended Rules , Discovery , Electronically Stored Information , Federal Rules of Evidence , FRE Rule 902 , Young Lawyers

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic...more

1/18/2017 / Corporate Counsel , Discovery , Electronically Stored Information , Federal Rules of Evidence , Hearsay Exceptions , Young Lawyers

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