By Hayes Hunt and Brian Kint A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash…
Blog Archives
Twitter, Evidence, Privacy and Social Media
Tagged with: Criminal Law, Evidence, Fourth Amendment, Prosecution, Social Media Law, Trial
Posted in Criminal Law
Posted in Criminal Law
Social Media Evidence – Authentication
By Hayes Hunt and Brian Kint Despite the relative freedom law enforcement officials have to gather evidence, prosecutors and defense counsel alike are limited as to what information they can introduce into evidence at trial. Perhaps the biggest hurdle attorneys…
Tagged with: authentication, Evidence, Social Media, Social Media Law, Trial, Trial Practice
Posted in Trial
Posted in Trial
Is a Plaintiff’s Motive to File a Lawsuit Discoverable? Standard & Poor’s and the DOJ
By Hayes Hunt and Michael Zabel Every day, countless civil lawsuits are filed in this country. Every day, countless plaintiffs seek relief from our nation’s court systems, whether it be to recover for economic losses, to prevent future illegal conduct…
Tagged with: Civil Procedure, Department of Justice, Evidence, Litigation, Rule 11, S&P, Standard & Poor's
Posted in Litigation
Posted in Litigation
The Internet as Evidence: Authentication & Admissibility of an Active Webpage
By Hayes Hunt and Michael Zabel You want to introduce an active webpage into evidence. Now what? Courts generally agree that the contents of a website are admissible evidence, so long as those contents are properly authenticated and are not…
Tagged with: admissibility, authentication, Evidence, Exhibits, From the Sidebar, Hayes Hunt, hearsay, website
Posted in Trial
Posted in Trial
Text Messages as Trial Evidence – Authentication
By Hayes Hunt and Michael Zabel Next week, oral argument will be heard in Commonwealth v. Koch, a case in which the Pennsylvania Supreme Court is confronted with a question that is increasingly important: When to admit a text message…
Tagged with: admissibility, authentication, Evidence, FRE 901, Hayes Hunt, text messaging
Posted in Evidence
Posted in Evidence
The Supreme Court’s Confrontation with Forensic Evidence: Williams v. Illinois
by: Hayes Hunt and Calli Varner On June 18, 2012, the Supreme Court came down with a fractured 5-4 decision disrupting long-standing 6th Amendment Confrontation Clause precedent as it applies to forensic evidence. Williams v. Illinois, No. 10-8505 (June 18,…
Tagged with: 6th Amendment, Confrontation Clause, Cross Examination, DNA testing, Evidence, Expert Testimony, SCOTUS
Posted in Trial
Posted in Trial
Uses of Social Media for Corporate Counsel – Investigating & Defending Claims
by: Hayes Hunt and Jonathan A. Cavalier By now, most litigators have bumped up against at least one or two social media issues in their practices. Social media has become a hot-button discovery issue and a potential source of valuable…
