Evidence Preservation: Handling the Issues in New York and New Jersey
If you’re an attorney, a paralegal, an investigator, a law enforcement officer, or even if you just watch a lot of legal dramas on television, you’re likely familiar with the term “chain of custody”....more
Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court...more
Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more