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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. A case out of the federal courts in Texas addressed this issue head on.

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An Estimated 500,000 Litigation Matters Involved Social Media Evidence in the Past 12 Months

Next Generation E-Discovery Law & Tech Blog

By John Patzakis As we have mentioned many times, nearly every litigation matter involves social media evidence. If your case does not feature such important evidence, it is likely because you are not looking for it. Similarly, you have put some effort to tune into the torrential rivers of social media evidence.

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Possession, Custody, or Control of Responsive Information by States Suing Meta

E-Discovery LLC

34 discovery requests propounded by defendant Meta Platforms, Inc., The choice of the test may, and often does, impact the outcome of a discovery dispute. The Social Media Adolescent Addiction court wrote: “Ultimately, the control issue under Rule 34 is governed by federal law. 467, 482-92 (2016).

Subpoenas 130
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Unprecedented Discovery Data Volume in FTX Case Highlights Growing Need for AI

Hanzo Blog

In the ongoing case of Sam Bankman-Fried and his failed crypto exchange FTX, the growing volume of evidence highlights the new landscape of ediscovery challenges when it comes to the breadth of new data sources showing up in corporate litigation.

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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas 130
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Subpoenas 130
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Westlaw Precision: Next-Generation Legal Research With a Human Touch

Attorney at Work

. “To enable more precision in search, we added more than 250 new attorney editors to mark up and classify case law in more useful ways for our customers.”