News & Analysis as of

Video Recordings Evidence Discovery

Womble Bond Dickinson

Seeing Should Not Be Believing

Womble Bond Dickinson on

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

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

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

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

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

Latham & Watkins LLP on

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

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

Gray Reed

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

Gray Reed on

Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Carlton Fields

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

Carlton Fields on

Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

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