Blockchain analysis claims to be able to break through the supposed anonymity of blockchain transactions and identify the individuals involved. But when such analysis is proffered in litigation, can it meet the Daubert gatekeeping test for reliable, admissible evidence under Rule 702 of the Federal Rules of Evidence?
Even under the 2023 amendment to Rule 702 that attempts to curtail some courts’ overly permissive approaches to Daubert, recent rulings show that expert blockchain analysis can indeed satisfy the gatekeeping threshold for admissibility in litigation.
Robert A. Schwinger explores recent developments in this edition of his New York Law Journal Blockchain law column.
Download the full New York Law Journal article, "When blockchain analytics meet the ‘Daubert’ test."
Publication
As technology advances, the litigation landscape evolves with it. Several years ago, when this evolving technology converged with the Covid pandemic, remote depositions boomed and since have become commonplace.
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