News & Analysis as of

Electronically Stored Information Online Platforms Social Media

EDRM - Electronic Discovery Reference Model

Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother

George Orwell warned us in his dark masterpiece Nineteen Eighty-Four how effortlessly authoritarian regimes could erase inconvenient truths by tossing records into a “memory hole”—a pneumatic chute leading directly to...more

Pagefreezer

How to Use Social Media in Fraud Investigations

Pagefreezer on

When it comes to investigating potential insurance fraud, social media platforms can be a tremendously useful resource....more

Epiq

Six Challenges When Collecting Social Media Artifacts for eDiscovery Litigation

Epiq on

Social media platforms are one of society’s primary communication channels, not just for personal interactions but also for business communications. Consequently, collecting social media artifacts for eDiscovery purposes is a...more

EDRM - Electronic Discovery Reference Model

An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in...

I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more

Buckingham, Doolittle & Burroughs, LLC

Avoiding Trials on Social Media: Obtaining protective orders to prevent trying your case on social media (or online)

Discovery can be a harrowing and intrusive process for all litigants. As federal and state rules allow for broad discovery of information relevant to any party’s claims or defenses, individuals and business are compelled to...more

EDRM - Electronic Discovery Reference Model

October’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published October 18, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

How to Back up Twitter Step by Step

With the turbulance at Twitter, I decided to back up my outgoing tweets, followers and my lists I use to curate news. This exercise can be used for archiving, disaster recovery, or for preservation purposes. The archive that...more

Faegre Drinker Biddle & Reath LLP

Authenticating Social Media Evidence at Trial

Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more

Hanzo

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

Hanzo on

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

Hanzo

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

Hanzo on

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

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.

Robins Kaplan LLP on

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

K2 Integrity on

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

Fisher Phillips

Private Facebook Posts Could Be Fair Game For Discovery

Fisher Phillips on

New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide