News & Analysis as of

Self-Authentication

New Rules Tackle Authentication of Electronic Data

On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more

The New Rules Of Federal Evidence Have Arrived

by Farrell Fritz, P.C. on

Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective...more

New Federal Rules of Evidence 902(13) and 902(14)

by Foley & Lardner LLP on

You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more

FRE 902 Amendments Go Live in Celebration of E-Discovery Day

by Exterro, Inc. on

Whether or not they intended to give us all an E-Discovery Day gift or not, the federal court system has done just that. Adopted by the Supreme Court earlier this year, Federal Rules of Evidence provisions (13) and (14) will...more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have...more

The Quiet Amendment: How E-Discovery Practitioners Benefit from Upcoming Changes to FRE Rule 902

by Exterro, Inc. on

A year and a half ago, the world of e-discovery was abuzz with Federal Rules amendment talk. And rightly so – the changes then greatly affected the process, particularly with Reasonableness (Rule 37) and Proportionality (Rule...more

Be a Jetson, Not a Flintstone: 7 Tips for Social, Mobile, & Cloud in E-Discovery

by Exterro, Inc. on

We’re all used to how quickly technology changes these days – one moment something is all the rage (remember Pokemon Go?) and within months, it’s ancient history. Those platforms that do stand the test of time become so...more

More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

by Farrell Fritz, P.C. on

The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

by Sullivan & Worcester on

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...more

Summary Judgment for Defendants in FCA Action: No Admissible Evidence of False Claims

by Reed Smith on

How much is “enough?” Will we have enough money to retire someday? Did the Drug and Device Law College Sophomore study enough for her computer science midterm? Is there enough salt in the matzo ball soup? In the realm of...more

Is Your Account Tweeting Without You Knowing It? Twitter Upgrades to Two-Factor Authentication

On April 15, 2013, the Associated Press’s Twitter account reported that President Obama had been injured in an explosion at the White House. Within seconds of the announcement, the Dow Jones Industrial Average plummeted more...more

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Cybersecurity

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