Social Media, Facebook, Discovery

The Ethics of Social Media “Friendship”

Faegre Drinker Biddle & Reath LLP on 8/23/2020

Social media information that reflects a person’s physical condition, activity level, and emotional state is a particularly valuable source of discovery in product liability and personal injury cases. See, e.g., Forman v....more

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Downs Rachlin Martin PLLC on 8/5/2020

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable. See, e.g., Lewis v. Bellows Falls...more

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

Morrison & Foerster LLP - Social Media on 2/24/2020

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

“I’m Trying to Make the World a More Open Place.”

Nelson Mullins Riley & Scarborough LLP on 6/24/2019

Mark Zuckerberg made this statement in the “bio” line of his Facebook page almost a decade ago. It is hard to make an argument that he has not succeeded. Social media is an entity unto itself....more

New York State Appellate Court Broadens Discoverability of Private Photos on Social Media

Harris Beach PLLC on 2/13/2019

There is an evolving body of case law relating to the discoverability of social media. Recently, a New York state appellate decision extended access to plaintiffs’ posts to include private photos in which they are “tagged,”...more

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

Jones Day on 2/6/2019

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

Case Law Summary: Are “Private” Facebook Posts Discoverable?

Hanzo on 1/7/2019

In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more

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

Robins Kaplan LLP on 1/1/2019

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

The Risks Of Social Media In Litigation

Farrell Fritz, P.C. on 10/12/2018

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

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

Knobbe Martens on 9/14/2018

Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more

California Court Grants § 1782(a) Application Seeking Subscriber Identity for Facebook Page Following Amendment of Application

Carlton Fields on 8/13/2018

Hoteles City Express sought an order granting it permission to issue a subpoena to obtain documents from non-party Facebook, Inc. to show the subscriber identity for a Facebook page allegedly containing defamatory statements...more

New York Court Of Appeals Says Plaintiff’s Private Facebook Materials Are Fair Game In Discovery

Jackson Lewis P.C. on 4/27/2018

For employers defending discrimination claims in which the plaintiff claims emotional distress, social media accounts are potential treasure troves of evidence of claimant’s feelings, thoughts, and mental impressions. In...more

Pa. Courts Provide New Guidance on Social Media in Litigation

Troutman Pepper on 3/26/2018

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

Social Media Privacy Settings May Not Protect Your Information From Discovery

BakerHostetler on 3/16/2018

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

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

Robins Kaplan LLP on 3/9/2018

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

From Snaps to Tweets: The Craft of Social Media Discovery

Troutman Pepper on 2/27/2018

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

Are There Privacy Rights In Facebook Postings?

Fox Rothschild LLP on 2/26/2018

New York’s highest court, the Court of Appeals ruled on February 13, 2018 that a Facebook account holder’s designation of a posting as “private” did not preclude a litigant from obtaining copies of those postings where they...more

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

Jones Day on 2/23/2018

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

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

Proskauer - Minding Your Business on 2/21/2018

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

Facebook Private Pages are not Always Private

Harris Beach PLLC on 2/15/2018

A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more

Protecting a Facebook personal page from insurer intrusion

Michigan Auto Law on 12/27/2017

Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more

Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

Jackson Lewis P.C. on 6/19/2017

In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Shaw LLP on 12/1/2016

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Morrison & Foerster LLP - Social Media on 3/9/2016

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 offer tips for a successful—and legal—advertising campaign; we examine a New York...more

Is Discovery of Private Facebook Postings On Equal Footing With General Discovery Principles?

Sullivan & Worcester on 2/1/2016

Are private Facebook postings entitled to more stringent protections from civil discovery? A significant string of New York Appellate Division decisions seemed to suggest that they are. But a divided panel in Forman v....more

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