Evidence, Facebook

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

Saiber LLC on 7/27/2023

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

Discovery of Text Messages, IMs, DMs

BCLP on 11/7/2022

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

Self-Collection and the Best Evidence Rule

TransPerfect Legal on 9/16/2021

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

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

How To Authenticate Social Media Evidence In Court

K&L Gates LLP on 7/2/2019

Prosecutors offer Facebook posts to show that a gang leader "green lighted" the hatchet killing of a homeless man for "snitching" on him. A plaintiff in an internet stalking case offers the hundreds of abusive emails she...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

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

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

K2 Integrity on 11/15/2018

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

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

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

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

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

Robinson+Cole Data Privacy + Security Insider on 6/15/2017

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

Facebook Warrant Case: Stark Debate and a Divided Court

Patterson Belknap Webb & Tyler LLP on 5/8/2017

We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Patterson Belknap Webb & Tyler LLP on 2/9/2017

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

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