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
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
Despite 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.
When 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
Updated 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