Wearable devices, the latest trend in technology, could also represent the next rising challenge in discovery disputes.
These devices can generate data, including photos and videos, search the Internet, and mine data, such as the location, date, and time when a photo or video was taken. This data may be important in a given case. As such, attorneys should understand how to successfully navigate discovery and admissibility issues relating to information contained in a wearable device.
For example, attorneys seeking wearable device information must be prepared to argue relevancy and reliability of the data being sought. Likewise, attorneys seeking to prevent disclosure of the information must be prepared to defend hearsay objections, argue inaccuracy or unreliability of the device, and raise authentication concerns. As the use of wearable devices becomes more widespread, all litigants must understand this technology and its potential legal implications.
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