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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Electronic Discovery Updates, Privacy Updates, Business Torts Updates
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