At some point all litigators will need access to social media to pursue or defend our clients’ claims. Parties, employees and witnesses often post or message without any discretion. They may share digital images that contradict their claims of damages or demonstrate inconsistencies in their testimony. Often, parties resist allowing access to their social media due to privacy and relevance... Continue Reading...
Continue ReadingSocial Media Discovery & Evidence Part 1: Can’t You Hear Me Knocking?
Digital Picture Postscript
On June 20, 2018, we published a blog post entitled “A Digital Picture is Worth a Thousand Words – but is it Authentic?” Not long after that posting, I participated in a five day jury trial in which the issue of spoliation of digital photographs became a central issue. The spoliation issue arose in a medical malpractice action that involved... Continue Reading...
Continue ReadingA Digital Picture is Worth a Thousand Words — But is it Authentic?
How often have you accepted a printed rendering of a digital picture as authentic? For those of us practicing since the 90s or earlier, we have often accepted a witness’s testimony that a printed picture is a fair and accurate depiction of the witness’s personal observation. However, when a digital image comes into play and small details in the image... Continue Reading...
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