Digital Evidence: Discovery, Authentication, and Admissibility

Earlier this week, I had the privilege of presenting two Continuing Legal Education sessions for Michigan judges on the topic of social media and other digital evidence. We reviewed the various use cases in which lawyers most often rely on digital evidence; the various methods used to regulate discovery of social media posts; the challenges […]

How Lawyers Get Their Hands on “Private” Facebook Posts

This article is excerpted from the upcoming e-treatise, Wassom on Social Media Law. It happens every day.  First, someone gets sued (or starts a lawsuit).  Then the “discovery” process of gathering information starts.  Today, one of the first places lawyers look in many types of litigation is their opponent’s Facebook page.  But that page is […]

Can a Court Force Me to Disclose My Facebook Password?

This post is excerpted from the upcoming e-treatise “Wassom on Social Media Law.” We’ve heard a lot in the news lately about forced disclosure of Facebook passwords.  Almost all of the discussion has focused on new laws that states across the country have passed to prevent employers and schools from forcing employees and students to […]

Going Fishing on Facebook

The rules of discovery in U.S. courts are intentionally quite liberal. Generally speaking, parties can “discover” (that is, force the other side or a third party to disclose) any documents or information that are relevant to any claim or defense in the lawsuit. And it doesn’t have to be admissible in court to be “relevant”; […]

V-discovery: Litigating in Augmented Reality

Mo’ technology, mo’ problems. Advances in digital and computing technologies can make litigation, like anything else, more effective and efficient. Lawyers have so many more tools at their disposal for crafting and communicating persuasive arguments than they did 10, or even five years ago. But all this technology is also giving lawyers a whole lot […]

The Coming Conundra: Real Laws In an Augmented Reality

(c) 2010 Brian D. Wassom. This article was originally published in the Winter 2011 issue of SideBAR, the newsletter of the Federal Bar Association’s Litigation Section. Over the past decade, there has been no shortage of articles, CLEs, and speeches in legal circles about the implications of “virtual reality.” Many an academic hand has been […]