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Social Media Collections for Legal Professionals: Best Practices

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Authentication Methods

Last Updated March 2024

In today’s fast-paced digital world, where information is easily accessible with a few taps or clicks, it is important to confirm the reliability of the evidence. Unfortunately, digital evidence is especially susceptible to some types of manipulation, so it is important to ensure its validity using appropriate methods. In the practice of law, choosing the right authentication methods can impact the reliability and credibility of evidence presented in court, whether digital or tangible in nature.

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Capturing Online Evidence Before It's Gone (Specht v. Google)

Last Updated March 2024

As legal teams address the myriad aspects of a case, it can be easy to overlook the importance of securely capturing and preserving digital content, such as websites, social media sites, and online videos. After all, the evidence is publicly available, and even if it gets removed, there are tools such as the Internet Archive (also known as the Wayback Machine) that can demonstrate what a site looked like in the past – right?

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A hard drive removed from computer and stored as evidence.
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Establishing Authenticity Of ESI Under FRE 901 And 902

Last Updated March 2024

The widespread use of technology has introduced new challenges and opportunities for the authentication of evidence, especially concerning electronically stored information (ESI). Federal Rules of Evidence (FRE) 901 and 902 are the guidelines for establishing the authenticity of ESI in legal proceedings. Learn about the intricacies of FRE 901 and FRE 902, along with their application in validating the credibility of ESI. 

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The Importance of Metadata and Affidavits for Admissible Digital Evidence

Last Updated March 2024

For digital content—such as websites, social media profiles, and YouTube videos—to be admitted as evidence at the summary judgment or trial stage, the process of collecting the evidence must be well documented. This involves recording and reporting all pertinent information, known as metadata, including the exact date and time of capture and the browser used.

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Blog,

Capture Online Evidence Before It's Gone

Last Updated March 2024

As legal teams address the myriad aspects of a case, it can be easy to overlook the importance of securely capturing and preserving digital content, such as websites, social media sites, and online videos. After all, the evidence is publicly available, and even if it gets removed, there are tools such as the Internet Archive (also known as the Wayback Machine) that can demonstrate what a site looked like in the past – right?

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Blog,

Admissibility Risks of Submitting Simple Screenshots as Evidence

Last Updated March 2024

When digital content—such as websites and social media sites—might be introduced as evidence in a case, legal counsel must ensure that the evidence is properly collected and authenticated under the relevant rules of evidence. Taking simple screenshots without authentication can result in the evidence being ruled inadmissible, putting the entire case at risk.

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