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Electronically Stored Information Facebook

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

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The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

BCLP

Discovery of Text Messages, IMs, DMs

BCLP on

Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

EDRM - Electronic Discovery Reference Model

[Flash Webinar] Ripped From the Headlines: FB Engineers: No Idea Where All Your Personal Data Is - October 5th, 1:00 pm - 2:15 pm...

IN MARCH, two veteran Facebook engineers found themselves grilled about the company’s sprawling data collection operations in a hearing for the ongoing lawsuit over the mishandling of private user information stemming from...more

EDRM - Electronic Discovery Reference Model

“Do No Harm” Shouldn’t Just Apply to Doctors

Primum non nocere is a Latin phrase that means “first, do no harm.” This principle is commonly taught in healthcare. In fact, the Hippocratic Oath, taken by doctors, promises they will abstain from doing harm to their...more

Saiber LLC

A Communication Data Warrant or Wiretap Order - Which is needed for Law Enforcement to Obtain ESI from Facebook?

Saiber LLC on

In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

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In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 4, August 2020

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more

Downs Rachlin Martin PLLC

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable.  See, e.g., Lewis v. Bellows Falls...more

Morrison & Foerster LLP - Social Media

Are Your Facebook Posts Discoverable? Application Of The Forman Test In New York

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

Ruder Ware

Create Your Digital Estate Plan

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It seems like our world becomes more digital each day. We can manage almost every aspect of our lives online. But, unless you have updated your estate plan in the last few years, chances are good that your estate planning...more

McManis Faulkner

Can Family Court Order You Not To Post On Facebook?

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Are you among the 68% of U.S. adults who, according to the Pew Research Center, use Facebook?  Social media can do more harm than good, especially if you are involved in a legal dispute, family-related or otherwise.  Posts on...more

Farella Braun + Martel LLP

Unreviewed Preservation Requests Likely to Continue

The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more

Association of Certified E-Discovery...

Weekly Trends Report – 8/7/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Reveal

Two Murder Investigations in the Last Week Highlight eDiscovery’s Role in Criminal Investigations

Reveal on

Two recent murder cases have again highlighted the use of electronic forensics to solve cases that only a few decades ago, would have been difficult to crack in the relatively short time frame between the crime and the...more

Nelson Mullins Riley & Scarborough LLP

“I’m Trying to Make the World a More Open Place.”

Mark Zuckerberg made this statement in the “bio” line of his Facebook page almost a decade ago. It is hard to make an argument that he has not succeeded. Social media is an entity unto itself....more

Association of Certified E-Discovery...

[Webinar] Social Media Discovery™: Find the Smoking Gun - April 30th, 1:00pm ET

With billions of active accounts across multiple social media channels, including Facebook, Instagram, Twitter, Snapchat and more, user-generated content is being created at an incredible pace. Social media information is...more

Hanzo

How to Archive Instagram, LinkedIn, Facebook, Twitter, and Social Media for Regulatory Compliance

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When you need information, where do you go? For the majority of people today, the answer involves a smartphone and social media. From Facebook and LinkedIn to Instagram, Twitter, and even YouTube, social media is...more

Jones Day

New York’s Appellate Division Continues Trend On Discoverability of Social Media

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Hanzo

3 Things the Financial Services industry should know about web archiving

Hanzo on

Remember when nothing terribly important happened on social media? When Facebook was just a silly diversion where twenty-somethings could let their friends know what they were up to? For better or for worse, those days are...more

Hanzo

Cambridge Analytica Shook Up the Way We View Data Privacy—and Ediscovery Collections

Hanzo on

After 2018, companies may never view online data collection in the same way again. Just as the world was turning its attention to the importance of protecting individuals’ data privacy, Facebook stumbled into a series of...more

Hanzo

Case Law Summary: Are “Private” Facebook Posts Discoverable?

Hanzo on

In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more

Robins Kaplan LLP

What’s Happening? The Impact of FRE 902(14) on eDiscovery.

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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

K2 Integrity

Tweet, Tweet, Tweet: More Than the Little Twitter Birds Are Reading - The Unintended Consequences of Social Media

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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

Farrell Fritz, P.C.

The Risks Of Social Media In Litigation

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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

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