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FDA Regulatory Compliance: Can You Prove What Your Website Said?

If you’re marketing any pharmaceutical or medical device, the Food and Drug Administration (FDA) has its eye on you. More accurately, the FDA has its eye on your website and social media, checking to see what you’re claiming...more

Are Your Emojis Saying What You Think They Are? A Cautionary Tale From Harrison V. City Of Tampa

How are you preserving emojis for ediscovery? Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more

[Webinar] Emojis And The Law: Real-World Ediscovery Challenges Of Enterprise Collaboration - October 31st, 2:00 pm ET

Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

Solving the Problem(s) of Multidistrict Litigation, Part 2: Choosing Cases for Bellwether Trials

In our previous blog post about multidistrict litigation (MDL), we discussed the problem of identifying meritless claims and how social media evidence can help counsel identify those claims. But what happens next? After the...more

Case Law Summary: Court Holds That “Tagged” Social Media Photos Are Discoverable in Vasquez-Santos v. Mathew

The internet, and especially social media, represents a rich reservoir of potential evidence for use in litigation. That reservoir grows broader and deeper every day—and sometimes, litigants underestimate how much of that...more

“I Can’t Believe It’s Not Live!” Why Native-Format Web Archives Make for Persuasive Evidence

Every litigator yearns for that Perry Mason moment, when we calmly introduce the critical evidence that abruptly changes the course of our trial. Our dog-loser case transforms, as if by magic, into a rock-solid winner winner...more

Do You Have FOMO? You Should—If You’re Not Finding and Collecting Dynamic Web Evidence

Do you have FOMO? And do you have FOMO about the right things? Fear of missing out (FOMO) is a pervasive problem in our always-connected world. The Oxford English Dictionary defines FOMO as the “anxiety that an exciting or...more

Fight Fire With Fire: Using Artificial Intelligence to Find Discoverable Information Online

Here’s a scenario that might be common enough in your day-to-day life: imagine that you’ve misplaced your wallet. (Apparently, Americans do this a lot. Statistics show we spend two and a half days each year looking for...more

Ediscovery Investigations: Finding the Needle in the Haystack—and Then Using it

Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more

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