loading please wait..

Category Archive for: Evidence

Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

Read More →

The Web Page Authentication Dance — A Two Step

Authenticating evidence from the web or social media is often a two-part question: 1) Did it actually appear on the web?; and 2) Who really posted it?

Read More →

The Government is Knocking. Prepared to Let ’em In?

If your company is the subject of a government investigation, will it be ready? Some action items to consider before the government comes knocking.

Read More →

Why Are You Using Screenshots as Webpage Evidence? (Guest Post)

Webpage screenshots and authenticity problems may be a thing of the past thanks to Page Vault--an app to capture webpages for legal matters.

Read More →

Are Monetary Spoliation Sanctions Available for Non-Monetary Claims?

Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?

Read More →

E-Discovery & Legal Ethics – What to Do About It Part 3: Identification of ESI Custodians

Identification of ESI Custodians is examined in this post, the third in a series discussing legal ethics regarding e-discovery competency.

Read More →

The 5 Ws (and 1 H) of ESI Custodian Interviews

The heart of ESI custodian questionnaires and interviews is really just the 5 Ws (and 1 H)-who, what, where, when, why and how.

Read More →

May Litigants Depose Court Appointed Expert Witnesses?

As detailed in a recent case, Federal Rule of Evidence 706 permits courts to appoint expert witnesses and states that they may be deposed by any party.

Read More →

Does the Best Evidence Rule Apply to Text Messages?

Electronic messages may be "writings" subject to Best Evidence Rule requirement of use of originals in litigation. But, there are exceptions to the rule.

Read More →

Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them

A New York federal court ordered a party to return inadvertently produced privileged documents but permitted use of information learned from the documents.

Read More →