Certifying Digital Court Records - Digital Planning Podcast
The Federal Rules of Evidence (“FRE”) currently provide a framework for authenticating evidence in court, but rapid advancements in artificial intelligence (AI) have raised concerns about the sufficiency of these rules in...more
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more
Boshea v. Compass Marketing, Inc., 2023 WL 2743333 (D. Md. Mar. 31, 2023)(Hollander, J.), involved authentication of disputed electronically stored information. “Authentication” is a necessary predicate to all uses of ESI:...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
Ankura's Data & Technology Leader for APAC, Chris Marks and Data & Technology Leader for Greater China, Han Lai, in Hong Kong & Shanghai respectively, sit down with Kaylee & Mary to talk about how they found their feet on...more
Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for...more
In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that...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 submission of digital evidence traditionally required a sponsoring witness—something that could be time-consuming and expensive. Thankfully, as more and more online content, such as social media posts and chats, play a...more
For better or worse, social media has become an influential, indispensable part of our professional and personal lives. Its impact upon discovery is growing in parallel. New types of ESI are showing up as relevant evidence,...more
Once again, eDiscovery and emerging data sources are at the center of a criminal murder investigation. A recent article in Wired highlights how investigators used data from the victim’s Fitbit and a neighbor’s Ring digital...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
As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”)...more
Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an...more
In a victory for creditors, the Alabama Court of Civil Appeals recently reversed a trial judge’s decision to exclude a copy of a promissory note from evidence simply because it was not an original. Without the promissory...more
With the advent of electronic discovery, emails and web pages are now common and fertile areas of discovery. However, until its 2014-2015 term, the Rhode Island Supreme Court had not addressed the means by which emails and...more
Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more