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

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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. Henkin (2015 NY Slip Op. 09350 [1st Dep’t Dec. 17, 2015]), recently insisted that social media discovery is measured by the same standards as other non-privileged information. We are not so sure.

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