News & Analysis as of

Authentication Federal Rules of Evidence

Esquire Deposition Solutions, LLC

Federal Experts Weigh Rule Changes for Deepfake Evidence

Seeing is believing, and that’s a problem when it comes to deepfake evidence in court. We’ve already remarked on the many instances where careless use of generative artificial intelligence is flooding courthouses with legal...more

Womble Bond Dickinson

AI-Generated Deepfakes in Court: An Emerging Threat to Evidence Authenticity?

Womble Bond Dickinson on

Federal Rule 901 governs the authentication of evidence in court. Per the rule, “[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a...more

EDRM - Electronic Discovery Reference Model

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more

Hanzo

When it Comes to Using Screenshots as Evidence, It’s All About Authentication

Hanzo on

Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for...more

McDermott Will & Emery

The Application of “Authentication by Comparison” at the PTAB

McDermott Will & Emery on

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and...more

McDermott Will & Emery

When it Comes to Method of Use Claims, Preamble Language Regarding Intended Use is Limiting

McDermott Will & Emery on

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and...more

Association of Certified E-Discovery...

[Webinar] Generating Self-Authenticating Digital Evidence That’ll Hold Up in Court - October 8th, 1:00 pm - 2:00 pm ET

The submission of digital evidence traditionally required a sponsoring witness—something that could be time-consuming and expensive. Thankfully, as more and more online content, such as social media posts and chats, play a...more

Esquire Deposition Solutions, LLC

Protecting Legal Proceedings from Deepfake Technology

U.S. legal proceedings rely on evidence. The party who bears the burden of proof in a legal proceeding—whether civil or criminal—must meet that burden based on evidence presented. It’s no surprise, then, that deepfake...more

Association of Certified E-Discovery...

Weekly Trend Report – 3/13/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Epiq

FRE 902 Digital Evidence

Epiq on

As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”)...more

Esquire Deposition Solutions, LLC

Federal Evidence Rules Finally Catch up to Digital Evidence Avalanche

Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

Proskauer - Privacy & Cybersecurity

Class Actions and the Continued Significance of Arbitration Agreements

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action...more

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