News & Analysis as of

Video Recordings Discovery

Womble Bond Dickinson

Seeing Should Not Be Believing

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The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. ...more

EDRM - Electronic Discovery Reference Model

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…....more

EDRM - Electronic Discovery Reference Model

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

In Reddick v. State, __ Md. App __, 2024 WL 4633506 (Apls. Ct. Md. Oct. 31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was...more

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

EDRM - Electronic Discovery Reference Model

Deepfakes in Legal Proceedings – A Strategic Framework for Collaborative Solutions

What can we do to address the challenge of Deepfakes being presented as relevant and authentic evidence in the justice system? Deepfake technology poses a serious challenge to establishing and rebutting the authenticity of...more

EDRM - Electronic Discovery Reference Model

Takeaways From Felder v. MGM National Harbor

​​​​​​​Felder v. MGM National Harbor, LLC, 2024 WL 3690779(D. Md. Aug. 7, 2024)(Simms, J.), addresses several important issues. First, in Felder, the Court ordered the parties to conduct a “meet and confer” session.  That,...more

Stark & Stark

Court Orders Video Recording of Neuropsychological Examination

Stark & Stark on

In the case of Cherelle Matchet v. Karen Nelson-Hughes, Civil No. 2022-43 (USDC Virgin Islands 5/6/24), the Federal District Court addressed whether the plaintiff’s neuropsychological examination by the defendant’s expert...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May - May 30th, 1:00 pm - 2:00 pm ET

Our latest six eDiscovery case law rulings MAY be our best ever! See what I did there? Our May 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to prolonged lack of cooperation in...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April - April 23rd, 1:00 pm - 2:00 pm ET

No one else can “eclipse” our coverage of eDiscovery case law! Our April 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to relevance and privacy of an unpublished autobiography,...more

Esquire Deposition Solutions, LLC

Taxation of Deposition-Related Costs in Federal Courts

As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...more

Esquire Deposition Solutions, LLC

Deposing the Terminally Ill Litigant

Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate....more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2024 - March 27th, 1:00 pm - 2:00 pm ET

Time to “spring” – into more eDiscovery case law! Our March 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes over in camera review of privilege logs, waiver of privilege over failing to...more

Esquire Deposition Solutions, LLC

Litigation Is Starting to Resemble Reality TV

Ever since the ABA advanced the principle that “competent representation” includes the duty of technology competence, lawyers have developed an understanding of the many ways in which technology affects law practice and the...more

Saiber LLC

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

Saiber LLC on

On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more

Marshall Dennehey

Sometimes Discovery Disputes Can Be Interesting

Marshall Dennehey on

Key Points: The distinction between security video and surveillance video is important. Preservation of all possible video is critical to avoiding spoliation claims....more

WilmerHale

The Other Side Says Your Evidence Is A Deepfake. Now What?

WilmerHale on

In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that artificial intelligence may have surreptitiously altered the videos. These challenges are...more

TransPerfect Legal

Searching Audio and Video Files: Are You Adequately Assessing Their Relevancy to Your Cases?

TransPerfect Legal on

The COVID-19 pandemic augmented our increasingly virtual world. As such, the plethora of data at our fingertips has changed. Business Insider reported that Zoom meeting participants rose from 10 million in December 2019 to...more

Esquire Deposition Solutions, LLC

62-Hour Trek to Palau or Remote Deposition From Home? You Be the Judge

Palau is an island archipelago in the Pacific Ocean. The local economy depends on tourism, mainly from visitors interested in snorkeling and scuba diving along its beautiful barrier reefs. Tourism aside, the Palau economy is...more

Latham & Watkins LLP

Remote Evidence in English Courts: Some Timely Reminders

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Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered in a move towards remote justice. The...more

Association of Certified E-Discovery...

[Webinar] The Wave of Multimedia in eDiscovery Is Here. How Well Can You Swim? - March 23rd, 1:00 pm - 2:00 pm EDT

No longer is multimedia content – audio and video – a pending wave in the distance. With cell phone data, voice-prompt operating systems like Amazon Alexa, and all of the user-generated social media and chat platform content,...more

Baker Donelson

Sitting with the C-Suite: Learning How to Aggregate Evidence Outside of the Legal Industry

Baker Donelson on

Ian Campbell, the President and CEO of iCONECT, has a design background and, prior to founding iCONECT, he worked in advertising and founded his own agency. In 2012 iCONECT launched its flagship review product, Xera, which...more

Association of Certified E-Discovery...

[Webinar] “Zooming” into 2021 with Audio/Video Discovery - October 7th, 1:00 pm - 2:00 pm ET

The volume of data stored as audio and video files has grown considerably in recent years. That growth has “mushroomed” in 2020, with so many meetings being conducted and recorded via Zoom and other web conferencing...more

Troutman Pepper Locke

New Cases Bring Lessons on Video Surveillance Preservation

Troutman Pepper Locke on

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more

Association of Certified E-Discovery...

[Webinar] SDPA and ACEDS OC eDiscovery Summer Refresher Session Six: Law Enforcement: CA eDiscovery Update - July 25th, 10:30 am -...

A discussion of recent current events, including how a 2020 California State Supreme court decision effects the public release of body camera footage from law enforcement agencies in California, and other important updates...more

Association of Certified E-Discovery...

Court’s Police Body Camera Opinion Highlights E-Discovery Issues

The California Supreme Court recently issued an opinion that analyzes the public disclosure of police body camera footage and demonstrates the overlap between e-Discovery processes and other records production schemes. The...more

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