e-Discovery Blog

Social Media Trending in 2015 eDiscovery

The latest report and research regarding eDiscovery comes from law firm Gibson & Dunn and gives us a clear insight into the predictions of legal and tech specialists from 2015 - echoing caselaw, discovery requests and solidifying beliefs that social media content is becoming a main resource of [...]

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California Lawyers have eDiscovery duty

California leading the way for Legal Ethics that include #eDiscovery standards.   Finally, California’s long-awaited opinion on the legal and ethical duties of attorneys in eDiscovery has been finalised. Though not groundbreaking, the opinion takes into account the modern standard [...]

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Social Media a “Goldmine” of Damning Divorce Evidence

In the last ten years there has been a phenomenal cultural and lifestyle shift from communicating and living IRL to online - and an interesting correlation with the rise in divorce rates and the acceptance of social media evidence in the courts. Many have described the limitless resource of [...]

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Family Law from Facebook to the Courts

81% of lawyers using evidence from Social Networking platforms. A recent study from PEW found that 66% of divorce cases used Facebook content as a primary case of evidence - this is an alarmingly high figure for lawyers not well versed in managing social media content, but also unsurprising [...]

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California Court allows Instagram Evidence

Authenticating Instagram evidence still obstacle in social media case The most recent update on Social Media Evidence and Social Media #fails was handed down from a California appeals court in In re K.B, in relation to a criminal firearms conviction - where Instagram images posted from [...]

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Revenge Porn – Ending the Harassment

Revenge porn is a relatively recent phenomena targeting everyone from exes, celebrities, vulnerable individuals and more. A vast array of motives can lie behind this extremely detrimental form of harassment including extortion, revenge, and sheer humiliation. This cybercrime involves the [...]

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Tweet & Delete

As the majority of us increasingly express ourselves and live in virtual reality through our curated personas on social media, not only has the way we communicate changed to text format, but so has the negative side of human expression such as bullying and harassment. These platforms have taken [...]

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The New Vigilantism – #Swatting

As previously discussed on our blog, Doxxing is the illegal online harassment act of sharing an individual's personal or identifiable information (such as name, address, social security number etc.) online without their consent. (For more information see our previous posts of “Doxxing - An Online [...]

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Social media accounts “discoverable”?

eDiscovery 101 - Are social media accounts “discoverable”? Though social media and website posts are only one form of ESI party to eDiscovery standards and evidence, they are becoming increasingly more common, powerful and important. Going back as far as 2002 in Rowe Entertainment Inc v. [...]

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Australian Defamation Law

Australia wants Social Media Defamation Law Reform Australian legal scholars and jurists have brought attention to the need of reform to current laws in light of a recent decision in which defamatory tweets were found to be more hurtful and detrimental than an article published. In Hockey [...]

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