How to Tell Litigation Clients to Preserve Digital Information

Did you know that California attorneys have a duty to tell their litigation clients that they must maintain and preserve electronically stored information?  Here’s what to say. Continue reading

Using the “Black Box” in a Car Accident Case

One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls). Continue reading

Getting Printouts of Digital Images into Evidence

printerBusiness records aren’t just text documents—they often include videos and other images that are digitally stored. Getting printouts of these images into evidence is just like any other business record evidence, but showing authenticity may require some tech knowledge. Continue reading

Snapchat as Evidence

snapchat-picSeveral years ago we told you to consider Facebook postings as evidence in legal cases. This is still true, but now there are many more social media platforms to consider. Snapchat in particular has become a fertile source of evidence not to be overlooked. Continue reading

How to Authenticate a Social Media Post

493533923Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.

 

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They Know Computers But Not How to Help Your Case

183145432When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading

Put a “Legal Hold” on Data Destruction

144952362Updated 8/17/15: Companies are increasingly turning to automated hold processes to make a legal hold smoother and more legally defensible.

Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading