[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
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In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more
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
Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...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 pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should...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
A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...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
Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more
In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more
With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of...more
In This Presentation:
• Challenges of U.S. Courts
• Specialized and Aggressive Plaintiff’s Bar and Contingency Fees
• Jury Trials
• Pretrial Discovery
• Personal Jurisdiction
• U.S.-Based Subsidiaries
Since our prior two posts on the issue, there have been several developments showing that questions about the proper use of social media in litigation continue to abound. These developments demonstrate that practitioners who...more
Metadata as blessing and burden -
The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate...more
Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers
In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more
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