Discovery of Social Media: Coming soon to a court near you

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The Massachusetts Bar Association published this article authored by Ray Ausrotas titled "Discovery of Social Media" in the February 2011 edition of Civil Litigation News, a monthly newsletter that is distributed electronically to the nearly 2500 members of the civil litigation section. (Ausrotas is the Chair of the civil litigation section for the 2011-12 term.) The article reviews recent decisional law governing the discoverability of information and communications that parties have posted, personally, on various popular "social media" sites such as FaceBook, Twitter, and MySpace. Notably, as described in greater detail, several courts have ruled that efforts to resist the production of information designated as "private" are unavailing.

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Published In: Business Torts Updates, Electronic Discovery Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Raymond Ausrotas, Arrowood Peters LLP | Attorney Advertising

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