Evidence Facebook

News & Analysis as of

Virtually Served in the Online World: The Intersection of Law and Technology

Look around the playing fields where children practice soccer or baseball, and you will see many parents checking their phones. However, opening Facebook Messenger may lead to more than an invite to this weekend’s...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

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 social media posts. As...more

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

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 plaintiff...more

April 2015: Trial Practice Update

Admissibility of Third Party Postings on Social Media Pages. This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more

Hitting the Wall: Facebook and Divorce

A new survey sponsored by a group in the UK links Facebook to 33 percent of all divorces, up from a 2009 study that cites the social media site in 20 percent of divorce filings....more

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Status Updates - August 2014 #2

..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more

When Cleaning Up Your Facebook Can Lead To Dirty Consequences

In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing...more

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

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

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

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

Spoliation Sanction For Deactivating Facebook Account

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

Social Media in Litigation

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

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

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

The Duty To Preserve Social Media Information

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

BB&K Police Chief Bulletin: Use of Social Media - Police Posted Photos on Facebook That Help Prove Crime

Overview: After posting an evidence photo on the department’s Facebook page but not logging it as evidence in the case file -- thereby excluding critical evidence in a trial -- the Fresno Police Department* revised its...more

Employee’s Facebook Fumble Dooms Her FMLA Claims

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

Skirmishes Over Use of Social Media in Litigation Continue to Intensify

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

Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

MySpace and Facebook: Where Your Information is Made Public and Your Private Information is Made Discoverable

If you're like most individuals who frequent social networking sites like MySpace and Facebook, you probably believe that adjusting your privacy setting to "private" means that nobody will have access to your webpage without...more

Court Holds Private Social Media Postings Discoverable in Personal Injury Lawsuit

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses...more

21 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.