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Social Media Collections for Legal Professionals: Best Practices

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Establishing the Date of Public Accessibility of Online Prior Art in Patent Validity Challenges

Last Updated April 2024

Since it was established under the America Invents Act in 2012, the inter partes review (IPR) process has become a commonly used and effective avenue for challenging the validity of and invalidating an existing patent. Any third party can initiate an IPR and ask the Patent Trial and Appeal Board (PTAB) to review the patentability of one or more claims in a patent on the basis that the claims were obvious or not new because the "claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before" the claimed invention's effective filing date. (35 U.S.C § 102)

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Why you need hash values and metadata for online evidence

Last Updated April 2024

One of the major challenges in handling digital evidence is the ease in which it can be altered, either intentionally or accidentally. Even simple actions like opening a file or copying a document can change its properties. Hash values mitigate this risk by providing a method to detect any changes. Similarly, metadata must be carefully preserved from the moment of capture to prevent any actions that could compromise the evidence’s reliability.

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Understanding the Canada Evidence Act for Social Media and Websites

Last Updated April 2024

Canada, like many jurisdictions, has specific regulations governing the admissibility of ESI, commonly referred to as the "Best Evidence Rule." The Canada Evidence Act (CEA) sets forth guidelines that are critical for legal professionals when handling electronically stored evidence (ESE) from social media platforms and websites. This blog post delves into these guidelines and shares best practices for navigating the evidentiary landscape of digital content in Canada.

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Presenting Web-Based Evidence in the Courtroom

Last Updated April 2024

Social media posts, videos, and website content continue to be a main source of evidence found in the courtroom. This blog post offers comprehensive insights into effectively presenting online evidence, from admission to final presentation, supported by the right technology.

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Guide,

Social Media Collections Guide: Instagram

Last Updated April 2024

When faced with the task of "getting everything" from a party's Instagram profile, where do you even start?

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Preserving and Authenticating YouTube, TikTok and Other Online Videos in Court

Last Updated April 2024

In the rise of video use on social media, news websites, and across the internet, video platforms such as YouTube, TikTok, and others serve as vital sources of evidence. As a result, legal professionals face challenges in authenticating video content for use in court. This task requires an understanding of both technological and legal nuances.

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