Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable. See, e.g., Lewis v. Bellows Falls...more
Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more
Be careful what you post on the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more
Here’s a great idea offered by the National Cyber Security Alliance and the Better Business Bureau: while you are doing your spring cleaning, don’t forget to do a digital spring cleaning too—that is, your computer, cellphone...more
Amendments to Federal Rule of Evidence 902 went into effect on December 1, 2017. FRE 902 governs evidence that is “self-authenticating,” meaning evidence that does not require any extrinsic evidence of authenticity in order...more
On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more
Should Titanic’s Box Office release or the debut of Harry Potter already be described as events from the ancient past? It would hardly seem so. But, the amendment to the ancient documents exception to the rule against hearsay...more
On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more
Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective...more
You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more
In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have...more
The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more
As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more
Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...more
On April 15, 2013, the Associated Press’s Twitter account reported that President Obama had been injured in an explosion at the White House. Within seconds of the announcement, the Dow Jones Industrial Average plummeted more...more