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Category Archive for: Evidence

Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?
E-Discovery, E-Discovery in Criminal Cases, ESI Production, Evidence, Scope of Discovery, 17 Oct, 2016
Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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The Web Page Authentication Dance — A Two Step
E-Discovery, E-Discovery in Criminal Cases, Electronically Stored Information (ESI), ESI Collection, ESI preservation, Evidence, SaaS, Social Media, Software, 27 Jun, 2016
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?

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The Government is Knocking. Prepared to Let ’em In?
Electronically Stored Information (ESI), ESI Collection, ESI preservation, ESI Production, Evidence, Information Governance, Legal Technology, SaaS, Sanctions, Software, Spoliation of Evidence, 25 Apr, 2016
If your company is the subject of a government investigation, will it be ready? Some action items to consider before the government comes knocking.

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Why Are You Using Screenshots as Webpage Evidence? (Guest Post)
E-Discovery, Electronically Stored Information (ESI), ESI Collection, ESI preservation, Evidence, Legal Technology, Social Media, Software, Websites, 27 Jan, 2016
Webpage screenshots and authenticity problems may be a thing of the past thanks to Page Vault--an app to capture webpages for legal matters.

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Are Monetary Spoliation Sanctions Available for Non-Monetary Claims?
ESI preservation, Evidence, Sanctions, Spoliation of Evidence, 26 Oct, 2015
Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?

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E-Discovery & Legal Ethics – What to Do About It Part 3: Identification of ESI Custodians
E-Discovery, Electronically Stored Information (ESI), ESI Collection, ESI preservation, Ethics and Rules of Professional Conduct, Evidence, Possession Custody & Control, 14 Sep, 2015
Identification of ESI Custodians is examined in this post, the third in a series discussing legal ethics regarding e-discovery competency.

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The 5 Ws (and 1 H) of ESI Custodian Interviews
E-Discovery, Electronically Stored Information (ESI), ESI preservation, Evidence, 19 May, 2015
The heart of ESI custodian questionnaires and interviews is really just the 5 Ws (and 1 H)-who, what, where, when, why and how.

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May Litigants Depose Court Appointed Expert Witnesses?
E-Discovery, Evidence, Scope of Discovery, 15 May, 2015
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.

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Does the Best Evidence Rule Apply to Text Messages?
Electronically Stored Information (ESI), ESI preservation, Evidence, Spoliation of Evidence, 25 Nov, 2014
Electronic messages may be "writings" subject to Best Evidence Rule requirement of use of originals in litigation. But, there are exceptions to the rule.

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Court: Privileged Docs Must be Returned but OK to Use Knowledge Learned From Them
Attorney Client Privilege and Attorney Work Product, Court Rules, Ethics and Rules of Professional Conduct, Evidence, FRCP, 20 Oct, 2014
A New York federal court ordered a party to return inadvertently produced privileged documents but permitted use of information learned from the documents.

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