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Managing Clients’ Digital Evidence: Best Practices for Family Law Attorneys in High-Conflict Cases

Destination Articles Blog

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Understanding Digital Evidence Digital evidence is data stored or transmitted digitally, such as emails, transaction records, social media posts, and browsing history.

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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. For eDiscovery professionals, the stakes are particularly high.

Evidence 111
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What is ECA (Early Case Assessment) and Why is it Important?

Percipient

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. It should not be overlooked that ECA provides a great opportunity to not just to get a handle on documentary and electronic evidence, but also presents a fact finding opportunity.

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How to Find Out Who’s at Fault in Car Accidents

CaseFox

Law enforcement officers responding to the accident will assess the scene, take statements from those involved and any witnesses. This report can be a pivotal piece of evidence if the case escalates to legal proceedings. This evidence can show road conditions, vehicle positions, traffic signs, and other crucial factors.

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Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

Complex Discovery

This essential tool confirms the authenticity, origin, and context of digital media, including photos, videos, and geospatial data. Each field, while distinct, intersects significantly when handling digital evidence, particularly in sensitive scenarios such as war crime investigations.

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From Deepfakes to Digital Doubt: How AI Is Challenging the Future of Evidence

Complex Discovery

Editor’s Note: Generative AI is reshaping industries, and the legal community is facing pressing challenges, particularly concerning the authenticity of digital evidence. Citron and Robert Chesney coined the term “liar’s dividend” to describe how deepfakes can be weaponized to discredit authentic evidence.

Evidence 111
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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

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. However, they currently only have limited tools and methods to authenticate digital evidence and determine if it is real or AI-generated. So, you know, what steps do you think can be done on these things as well?