social media eDiscovery

Social Media Archiving Gets Serious

Social Media Archiving Gets Serious 150 150 Jason Krause

In an era of NSA revelations, it’s easy to make jokes that the government has a copy of every phone call or email. But it is actually close to the truth. The National Security Administration is tracking social media connections, and according to Facebook’s recent report on government requests, the company received 11,000-12,000 requests from American agencies in first…

read more

Social Media and eDiscovery: Anatomy of a Tweet

Social Media and eDiscovery: Anatomy of a Tweet 508 381 Jason Krause

This is the third 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 Two walked through the tests used to authenticate digital evidence in court.  Litigating in the age of social media is like trying to solve a…

read more

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

Failure to Preserve Facebook for Litigation is Sanctionable. ‘Nuff Said.

Failure to Preserve Facebook for Litigation is Sanctionable. ‘Nuff Said. 150 150 Jason Krause

We’ve been saying this for years, but not everyone was ready to listen — social media is now an essential part of litigation. In case you still have some doubts, the courts have now made it abundantly clear that a failure to preserve Facebook and other social media content is a sanctionable offense. It will…

read more

2012 Social Media Case Law in Review: Courts Get in Touch With Your Feelings

2012 Social Media Case Law in Review: Courts Get in Touch With Your Feelings 150 150 Jason Krause

Not too long ago, lawyers could honestly say that they didn’t know if social media was discoverable for litigation. This year, courts have moved well past that question, granting broad discovery from Twitter, Facebook, and any other social media outlets. The focus this year was mainly on details of social media discovery, like whether social…

read more

Small Firms and Social Media eDiscovery

Small Firms and Social Media eDiscovery 150 150 Jason Krause

May will be “social media in the law month” on our blog, putting a spotlight on the ways social media is changing eDiscovery for small firms and personal cases. Enter Small Law eDiscovery was once the sole concern of Big Law and large-scale litigation, but has increasingly become an issue in smaller cases for smaller…

read more