News & Analysis as of

Evidence Facebook Electronically Stored Information

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

BCLP

Discovery of Text Messages, IMs, DMs

BCLP on

Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

TransPerfect Legal on

In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more

Morrison & Foerster LLP - Social Media

Are Your Facebook Posts Discoverable? Application Of The Forman Test In New York

New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy...more

Jones Day

New York’s Appellate Division Continues Trend On Discoverability of Social Media

Jones Day on

The NY courts are focusing on the appropriateness of discovery sought regardless of the technology in which it is contained. As the New York appellate courts continue to consider the discoverability of social media, on...more

Robins Kaplan LLP

What’s Happening? The Impact of FRE 902(14) on eDiscovery.

Robins Kaplan LLP on

Be careful what you post on  the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more

K2 Integrity

Tweet, Tweet, Tweet: More Than the Little Twitter Birds Are Reading - The Unintended Consequences of Social Media

K2 Integrity on

As social media platforms and apps such as Twitter, WhatsApp, Facebook, Instagram, SnapChat, and YouTube become increasingly enmeshed in the fabric of our lives, the unintended consequences of their use cannot be overstated. ...more

Farrell Fritz, P.C.

The Risks Of Social Media In Litigation

Farrell Fritz, P.C. on

It has become apparent that lawyers must keep informed of changes in the law, including the benefits and risks associated with relevant technology. And, relevant technology is not limited to electronic dockets (i.e., NYSCEF,...more

Troutman Pepper

Pa. Courts Provide New Guidance on Social Media in Litigation

Troutman Pepper on

Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more

BakerHostetler

Social Media Privacy Settings May Not Protect Your Information From Discovery

BakerHostetler on

Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and...more

Robins Kaplan LLP

The NY Court of Appeals Holds Social Media Discovery “Material and Necessary”

Robins Kaplan LLP on

On a motion to compel that remarkably made its way all the way to the Court of Appeals, New York’s high court holds that even materials deemed “private” by a Facebook user are subject to discovery, if relevant....more

Troutman Pepper

From Snaps to Tweets: The Craft of Social Media Discovery

Troutman Pepper on

Social media may contain a treasure trove of evidence bearing on claims in litigation, but parties must take care to tailor their discovery requests to information that is both relevant and proportional to the needs of the...more

Jones Day

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

Jones Day on

On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

Proskauer - Minding Your Business

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more

Robinson+Cole Data Privacy + Security Insider

Murder Arrest Warrant Weaves Web of Data Evidence in – Fitbit, Facebook, Alarm Systems and More

The warrant that led to the arrest of a husband for the alleged murder of his wife weaves a web of electronic evidence. Based in large part on Fitbit fitness tracker data, Connecticut authorities have charged Richard Debate...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Morrison & Foerster LLP - Social Media

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

Morrison & Foerster LLP - Social Media

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

Morrison & Foerster LLP - Social Media

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

19 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide