[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
Is it ever NOT okay to delete your social media account?
That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more
A federal magistrate judge in New Jersey recently sanctioned a plaintiff for evidence spoliation after he deactivated his Facebook account during litigation, resulting in its permanent deletion by Facebook after 14 days...more
In a recent decision from the District of New Jersey, Gatto v. United Air Lines, Inc, et al., No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909 (D.N.J. March 25, 2013), the Court found that the Plaintiff had destroyed and/or failed...more
The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation.
First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more
Employers in two recent EEOC cases were sanctioned by federal courts for destroying employee records. These rulings illustrate the need for employers to develop and implement document retention procedures to avoid costly...more
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more
A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s...more
As everyone’s well aware, social media evidence is often brought suits in areas like family and workers’ compensation—ones where a key message or picture could change the entire outcome of the case. But what’s interesting is...more
It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more
To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted...more
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