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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

Making the Judge Your “Friend” on Facebook?

This past week the news reported the story of a judge in Connecticut who ordered both parties in a child custody dispute to give each other their Facebook passwords. The judge made this order so they each could look for...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

Is 'Private' Data on Social Networks Discoverable?

On May 26, a federal court issued an opinion in a discovery dispute that applies outmoded federal electronic privacy laws from the 1980s to Facebook and MySpace. The ruling could permanently change the way "social networking"...more

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