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 […]

Authentication of Social Media Evidence [Guest Post]

This article was primarily authored by Scott Milligan, a law student at the Michigan State University College of Law and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP.  Because email and social media accounts can be created so easily, it is difficult to know who actually is responsible for the content of the […]

Using LinkedIn Evidence in Court

This article was primarily authored by Maryam H. Karnib, a law student at Wayne State University and a 2013 summer associate at Honigman Miller Schwartz and Cohn LLP. Social media websites are used now more than ever for both personal and professional reasons. LinkedIn is an online social media professional networking website that many professionals use […]

Delete at Your Own Risk: Spoliation of Social Media Evidence

Spoliation is defined as “intentional alteration or destruction of a document” that could have been used as evidence in litigation.  Destroying a document in this way is abhorrent to our adversarial legal system, because it deprives the parties and the court of the information necessary to learn the truth about the issues in the case. […]

How Social Media Law Developed in 2012

In January of this year, I wrote an article for Mashable called “5 Predictions for Social Media Law in 2012.”  As the year comes to a close, I’m happy to report that all five came true.  Let’s take a look: 1.  Facebook Litigation Brings New Attention to the Right of Publicity.  A year ago, a […]

Social Media Law for Judges

Earlier this week I had the privilege of presenting on Social Media Law to the annual meeting of the Michigan District Judges Association.  I had been asked to cover a wide range of topics relevant to the judges and their courts, including how to get social media materials into evidence, crimes that occur in social […]

The First Three Social Media Cases of 2012

At least three different courts released opinions dealing with social media during the first week of January 2012.  The variety of these opinions demonstrates that social media will continue to influence every facet of law in the coming year. Evidence Law State v. Altajir, 2012 Conn. Lexis 2 (Supreme Court of Connecticut, Jan. 3, 2012).   […]

How I’ve Used Social Media in Trademark Litigation

I never cease to be amazed at what people will write in social media–or at how useful some of those posts can be in court.  Click here to read my latest post, titled “Mining Social Network Sites for Evidence in Litigation,” which is guest-hosted on my friend Paige Mill’s blog, IP@Tennessee [& beyond].  Paige is […]

Authenticating Social Media Evidence (Or, “Boozy, His Boo, and What Not to Do”)

In prior posts, I’ve discussed the problem of proving identity online: how do you know that someone is who they say they are online? Anyone using social media asks that question (or ought to) every time they engage in an online conversation. It might be easy to answer that question if we’re messaging with a […]