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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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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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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Last Updated March 2024
In the ever-evolving landscape of social media, staying updated with the latest features and changes is crucial for users and businesses alike. Facebook, one of the largest social media platforms, continues to innovate and improve the user experience on its platform. In February 2023, Facebook introduced a new way to view comments and replies on posts, significantly changing how interactions appear on a user's timeline. In this blog post, we will delve into the details of this new feature, explore how it impacts user experience, and guide Page Vault subscribers on how to adapt to this change.
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Last Updated March 2024
Chain of custody is the record of preservation of evidence from collection to presentation in court. The goal of properly maintaining and documenting chain of custody is to show that the evidence presented to the court is the same as what was originally collected, and that the evidence was preserved without tampering or alteration. Web content is easily changed or deleted, and web evidence is difficult to subpoena. When evidence appears on the web, an accurate record of that evidence at that point in time should be made.
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Last Updated March 2024
Whether you’re documenting infringing intellectual property activity online or collecting social media pictures and posts relevant to a fraudulent insurance claim, having the right electronically-stored evidence (ESI) can help bolster your case. This is because cases often hinge on the quality and availability of the ESI you collect. Parties that are made aware of apparent or imminent litigation have a duty to preserve all relevant evidence. The sanctions for intentionally or accidentally deleting this evidence are specifically designed to discourage foul play. For example, parties who fail to preserve relevant evidence under the Federal Rules of Civil Procedure Rule 37(e) can face remedial measures, adverse jury inferences, court-issued sanctions, or even outright dismissal.
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