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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

The Court explained in detail the requirements of a Rule 37(e) motion and then applied them: Plaintiff has failed to put forth sufficient evidence of the four necessary elements to trigger the application of Rule 37(e) at all, let alone proven by clear and convincing evidence the intent required to show she is entitled to the remedies she seeks.

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GENIUS Act Signed Into Law: A Game Changer for Legal Discovery and Information Governance

Complex Discovery

With federal banking agencies having 180 days to report implementation plans to Congress and a three-year safe harbor for existing platforms, legal teams can expect to navigate a growing volume of blockchain-based evidence, immutable, decentralized, and often beyond the reach of traditional systems. The Act’s reach beyond U.S.

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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

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Social Media Evidence: What You Need To Know

Evidence at Trial

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

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Blockchain and the Business of Digital Trust: Implications for Cybersecurity, InfoGov, and eDiscovery

Complex Discovery

For professionals navigating legal, regulatory, or investigative landscapes, understanding blockchain’s evolving capabilitiesfrom smart contracts to digital chain of custodyis no longer optional; it’s essential.

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[Educational Webcast] Faster Finds, Fewer Files: A Smarter Approach to Email Investigations

Complex Discovery

Editors Note: In the rapidly evolving digital investigation landscape, email remains a central and often complex evidence sourcecritical in legal discovery, cybersecurity incident response, and regulatory compliance audits.

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2025 eDiscovery Processing Update: Tasks, Cost Data, and Spending Patterns

Complex Discovery

The objective is to transform raw digital material into usable evidence while maintaining accuracy, integrity, and efficiency. Processing involves reducing the volume of collected data, organizing it into reviewable formats, and applying quality control procedures.