Knotty Issues of eDiscovery
Here is something that is no surprise after people violently tried to overthrow the government: The FBI has a Sedition and Conspiracy task force. The individuals who stormed the United States Capitol on January 6, 2021 face a multitude of charges ranging from trespassing to advocating the overthrow of the[…]
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December 1 is “eDiscovery Day.” On this eDiscovery Day, two new Amendments to the Federal Rules of Evidence go into effect with the intention to make authenticating evidence easier. These Amendments do not alter or eliminate any other methods to authenticate electronically stored information. Below are the pending Amendments to[…]
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I had the privilege of attending the 5th Annual ASU Arkfeld eDiscovery and Digital Evidence Conference. Michael Arkfeld, Robert Singleton, Joy Allen Woller, and the planning committee did an excellent job organizing an excellent event. The conference topics covered everything from big data analysis to the new Amendments to the[…]
Read moreAdmissibility of electronically stored information cases are almost always in criminal cases. The Pinterest v Pintrips infringement litigation has excellent analysis by US District Court Judge Haywood Gilliam, Jr., on the admissibility of email messages and news articles in civil litigation. Email Admissibility Pinterest offered two email messages as evidence[…]
Read moreHow do you authenticate “Read Receipt” auto-generated emails? Are the messages hearsay? This issue was raised by a Defendant who challenged “Read Receipt” emails generated by one of the Defendants after reading an email from the Plaintiff. The Court rejected the argument that the “Read Receipt” email was unauthenticated hearsay.[…]
Read moreWorking as a deckhand can be extremely dangerous. There are plenty of reality TV shows with fishermen, tugboats, and salvage crews to highlight the risks professional mariners face daily. What is also risky in litigation is posting on social media information that could hurt your case. In Newill v. Campbell[…]
Read moreA Defendant convicted of murder and attempted murder challenged the admission of three text messages at his trial. The Supreme Court of Arkansas found no error in admitting the text messages. The Stored Communication Act The Defendant challenged the admission of the text message content based on the Stored Communication[…]
Read moreAre photos and data from a red light camera hearsay? The answer is “no” according to the Court of Appeal in People v Goldsmith and conflicts with People v. Borzakian, discussed on the blog Developments in California Trial Practice. Goldsmith also addressed whether the admission of computer-generated photographs and a[…]
Read moreA Plaintiff sued after being a fraud victim in a “Nigerian advance fee scheme,” with emails allegedly from the Defendant’s CFO. The email addresses at issue did not have the domain name of the Defendant, but instead yahoo.com and privatelcientsubs.cjb.net. Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS[…]
Read moreIs a computer generated printout a statement according to the hearsay rules? California law says “no.” People v. Nazary, 2010 Cal. App. LEXIS 2207 (Cal. App. 4th Dist. Dec. 31, 2010) People v. Nazary is an appeal from an embezzlement conviction. Part of the evidence offered against the Defendant included[…]
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