Nucci v. Target Corp [2015] If a photograph is worth a thousand words, there is no better portrayal of what an individual’s life was like than those photographs the individual has chosen to share through social media before the occurrence of an accident causing injury. Such photographs are [...]
Read MoreDigital Evidence: Preserving ESI
Brown v Tellermate Holdings Ltd., 2014 This employment discrimination case addressed the preservation of ESI (Electronically Stored Information) in cloud technology, when the defendants failed to preserve and disclose information from Salesforce.com (approximately 50,000 pages) that plaintiffs [...]
Read MoreeDiscovery Costs: Social Media Evidence
eDiscovery costs soar to $90,000 in Social Media Evidence Case The recent tort case of Federico v. Lincoln Military House (regarding mould and related injuries in a military housing facility) discussed the proportionality of social media content to be disclosed during discovery - and highlighted [...]
Read MoreInadmissibility of Social Media Printouts
United States v. Vayner 2014 2014 was a landmark year in establishing the admissibility and stance of screenshots and printouts of social media in litigation, with one of the more notable examples of this being the evaluation of a printout from the Russian equivalent of Facebook (VK.com) in United [...]
Read MoreThe 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 [...]
Read MoreSpoliation 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 [...]
Read MoreSocial 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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