Posts Tagged 'Digital Evidence'

Digital Revolution – And Legal Evolution

A Look at the Recent Amendments to the Federal Rules of Evidence Without question, the rise of digital media has revolutionized our world. It is currently estimated that Facebook has 1.5 billion daily users, and 2.3 monthly users. In any given minute, there are an estimated 347,222 people [...]

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A History of Social Media Evidence

State of Connecticut v. Eleck [2011] Unique Rules of Evidence for Digital Content? In this landmark case, it was established that a printout of social media evidence was deemed inadmissible, and the court established that while social media evidence does not require new rules of [...]

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Facebook Circumstantial Evidence

Commonwealth v. Banas [2014] A History of Social Media Evidence: Facebook Circumstantial Evidence In this relatively recent case, the admissibility of social media evidence was disputed when the defendant was convicted of larceny, and during the original trial a screenshot from his Facebook [...]

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Authenticating ESI – Rule 901a

Lorraine v Markel American Insurance Company [2007] This landmark 2007 decision by leading eDiscovery juror, Justice Paul Grimm, discussed in great depth the admissibility and methods of authentication of ESI (Electronically Stored Information) and the standards and elements of the US Federal [...]

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The Foundations of Digital Evidence

Re. Vee Vinhnee When traditional courts met with electronic evidence... The 2005 case of Re. Vee Vinhnee is, to this day, a leading case in the standards of admissibility of digital evidence in the courts, with its findings ever conclusive and integral to eDiscovery a decade later. In this [...]

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Spoliation Sanctions: Social Media Clean Up

Lester v. Allied Concrete [2014] In this rare instance, Virginia State fined an attorney $522,000 in spoliation sanctions for advising his client to “clean up” his Facebook account during litigation proceedings; deeming it to be the largest eDiscovery spoliation sanction to that point. A [...]

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Social Media Case Law – Admissibility of Online Evidence

Commonwealth v. Purdy [2011] Email, ESI and Electronic Communication: Admissibility of Evidence This early 2011 criminal case disputed the admissibility of emails as evidence, and the standards of authentication necessary for considering both email and content from social media as genuine [...]

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Social Media Evidence – MySpace

Griffin v Maryland [2011] A History of Social Media Evidence - MySpace Content The case was one of the first landmark cases to address the admissibility of social media evidence in trials, in the form of a MySpace printout. In this murder trial, the defendant’s girlfriend (Jessica [...]

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