Collection

  • Jason Krause

5 Steps to Authenticate Social Media, Email, Texts and More
5 Steps to Authenticate Social Media, Email, Texts and More 150 150 Jason Krause

This is the second in a three-part series explaining the role of social media and website evidence in litigation. Part One focused on understanding the rules for authenticating social media. Part Three will look at the practical issues in authenticating digital evidence. Every lawyer wants a smoking gun – that one piece of hard, irrefutable evidence…

read more
  • Jason Krause

The Rules for Authenticating Social Media in eDiscovery
The Rules for Authenticating Social Media in eDiscovery 150 150 Jason Krause

This is the first in a three-part series explaining the role of social media and website evidence in litigation. Part Two provides a straightforward, 5-step guide to authenticating and entering social media evidence into litigation. Part Three will look at the practical issues in authenticating digital evidence. The U.S. Court system has had a long…

read more
  • Jason Krause

Social Media Archiving: Someone is Saving Your Social Media. Shouldn’t You?
Social Media Archiving: Someone is Saving Your Social Media. Shouldn’t You? 150 150 Jason Krause

Social media only seems vaporous. You may not remember posting that photo from your bachelor’s or bachelorette party, but it’s out there. And no one in your company may remember that social media campaign from a few years ago, or Tweets your marketing department made for a long ago product launch. But someone on the…

read more
  • Jason Krause

Why You Must Archive Website Content
Why You Must Archive Website Content 150 150 Jason Krause

Digital historians everywhere can breathe a sigh of relief. The first web page in the history of the Internet has been found. You can see the page in all its hypertext glory or see a small screen-capture below. Just look at all those font sizes! The story of the first web page is that Tim Berners-Lee…

read more
  • Jason Krause

Social Media Discovery: 8 Ways Social Media Gets Lawyers in Trouble
Social Media Discovery: 8 Ways Social Media Gets Lawyers in Trouble 150 150 Jason Krause

We get it. Social media is not something most lawyers think about every day. According to the most recent ABA Legal Technology Survey Report, only 11 percent of attorneys use Twitter professionally. But as social media is now central to more and more matters, lawyers need to think about the ways Facebook, Twitter, and other sites…

read more
  • Jason Krause

Social Media eDiscovery Gets Serious
Social Media eDiscovery Gets Serious 150 150 Jason Krause

It’s official—failure to produce social media evidence in eDiscovery is a serious and punishable sin. In the ongoing case EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court has hammered a federal agency for failure to produce social media in a timely manner. Or as the opinion has it, for engaging in…

read more
  • Jason Krause

Social Media in the Law – Facebook Now Serving Subpoenas
Social Media in the Law – Facebook Now Serving Subpoenas 150 150 Jason Krause

As we’ve noted before, being Facebook friends with lawyers and judges can have all kinds of unexpected ethical implications. Now, it could get you served with legal summons. Social media is becoming increasingly important to the practice of law. A proposed bill in Texas would allow defendants to be served notice of a lawsuit through social…

read more
  • Jason Krause

Can Courts be Friends with Facebook?
Can Courts be Friends with Facebook? 150 150 Jason Krause

Sometimes it seems like the legal profession will always have a tortured relationship with social media. Writing for the ABA Journal, Deb Cassens Weiss quipped that “judges have to be judicious” when using Facebook. To underscore that fact, the ABA has now published an ethics opinion, warning that judges who use social networking have to follow the…

read more
  • Jason Krause

How to Get Social Media Evidence Into Court
How to Get Social Media Evidence Into Court 150 150 Jason Krause

One of the worst things that can happen to a case in its early stages is to have a judge deny a discovery request. Evidence is the foundation of any matter, and to lose any source of information is a potential case killer. Unfortunately, in a number of reported cases, lawyers are making basic mistakes…

read more
  • Jason Krause

Social Media Case Law: The Sequel
Social Media Case Law: The Sequel 150 150 Jason Krause

The big budget movies playing right now include the fifth Die Hard movie, the 23rd James Bond movie, the fourth Hobbit-themed movie, and a 3D re-release of 1986’s Top Gun. Clearly, Hollywood has little interest in originality. Lawyers don’t get much credit for being original or daring thinkers; but in fact, when there is a new area…

read more
Start Typing