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What Every Company Should Know About E-Discovery and Social Media
With the exponential growth in the use of social media by individuals and corporations, civil discovery questions inevitably follow. Courts and litigants have been left to grapple with questions...
View ArticleOpen Kimono: Court-Compelled Discovery of Non-Public Social Media Pages
Due to the widespread popularity of social networking sites (“SNS”), courts have had to determine how the rules of discovery apply to content stored on such sites. In addressing this issue, many courts...
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Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
A random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will display the tweets with the...
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U.S. Courts’ Evolving Approaches to Social Media E-Discovery
Courts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in...
View ArticleHot Off the Press: The April Issue of Our Socially Aware Newsletter Is Now...
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we summarize the...
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Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for...
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the...
View ArticleStatus Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant...
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s...
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Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil...
Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the...
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Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery...
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Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
E-mails. Text messages. Instant messages. Social media. The digital age has given birth to powerful new ways to communicate that have transformed how we live and conduct business. But the...
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