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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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The Federal “Official Information” Privilege

E-Discovery LLC

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.

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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130
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Geofence Search Warrant Held Valid

E-Discovery LLC

The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.

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Do You Really Need to Ask for Metadata?

Joshua Gilliland

The Court held it would be unduly burdensome for the Producing Party to produce the ESI with metadata after originally producing the discovery as paper. AutomationDirect.com, Inc., McSparran, at *11. I think there is a strong argument that ESI without metadata is not in a reasonably useable form, as it hinders document review.

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The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. But progress on all fronts is slow while threats escalate quickly.