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ESI

California Lawyers have eDiscovery duty

California leading the way for Legal Ethics that include #eDiscovery standards.   Finally, California’s long-awaited opinion on the legal and ethical duties of attorneys in eDiscovery has been finalised. Though not groundbreaking, the opinion takes into account the modern standard of technology and longevity of established legal ethics, balancing them with the complex and ever-changing […]
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Social Media a “Goldmine” of Damning Divorce Evidence

In the last ten years there has been a phenomenal cultural and lifestyle shift from communicating and living IRL to online – and an interesting correlation with the rise in divorce rates and the acceptance of social media evidence in the courts. Many have described the limitless resource of messages, posts, images, videos and more […]
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Authenticating ESI – Rule 901a

Lorraine v Markel American Insurance Company [2007] This landmark 2007 decision by leading eDiscovery juror, Justice Paul Grimm, discussed in great depth the admissibility and methods of authentication of ESI (Electronically Stored Information) and the standards and elements of the US Federal Rules of Evidence, with a focus on Rule 901(a); methods on authenticating evidence. […]
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Digital Evidence: Preserving ESI

Brown v Tellermate Holdings Ltd., 2014 This employment discrimination case addressed the preservation of ESI (Electronically Stored Information) in cloud technology, when the defendants failed to preserve and disclose information from Salesforce.com (approximately 50,000 pages) that plaintiffs claimed were relevant to Discovery and their unfair dismissal. Motion to Compel Production Focusing on the defendant’s failure […]
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Inadmissibility of Social Media Printouts

United States v. Vayner 2014 2014 was a landmark year in establishing the admissibility and stance of screenshots and printouts of social media in litigation, with one of the more notable examples of this being the evaluation of a printout from the Russian equivalent of Facebook (VK.com) in United States v. Vayner. Social Media Printout […]
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The Foundations of Digital Evidence

Re. Vee Vinhnee When traditional courts met with electronic evidence… The 2005 case of Re. Vee Vinhnee is, to this day, a leading case in the standards of admissibility of digital evidence in the courts, with its findings ever conclusive and integral to eDiscovery a decade later. In this bankruptcy case, key witness evidence in […]
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