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Facebook Discovery

BCLP

Discovery of Text Messages, IMs, DMs

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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

EDRM - Electronic Discovery Reference Model

“Do No Harm” Shouldn’t Just Apply to Doctors

Primum non nocere is a Latin phrase that means “first, do no harm.” This principle is commonly taught in healthcare. In fact, the Hippocratic Oath, taken by doctors, promises they will abstain from doing harm to their...more

TransPerfect Legal

Self-Collection and the Best Evidence Rule

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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

Womble Bond Dickinson

Courts Becoming More Inclined to Grant Stays Pending Outcome in Facebook v. Duguid

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On December 8, 2020, the Supreme Court heard oral argument in Facebook v. Duguid on the issue of the definition of an automatic telephone dialing system (“ATDS”) under the TCPA. Prior to oral argument, rulings on motions to...more

Faegre Drinker Biddle & Reath LLP

The Ethics of Social Media “Friendship”

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 4, August 2020

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more

Downs Rachlin Martin PLLC

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

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

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

Nelson Mullins Riley & Scarborough LLP

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

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

Association of Certified E-Discovery...

[Webinar] Social Media Discovery™: Find the Smoking Gun - April 30th, 1:00pm ET

With billions of active accounts across multiple social media channels, including Facebook, Instagram, Twitter, Snapchat and more, user-generated content is being created at an incredible pace. Social media information is...more

Harris Beach PLLC

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

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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

Allen Matkins

Federal Court Blocks Shareholder Inspection Of Delaware Corporation's Records Pursuant To California Statute

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United States District Court Judge Haywood S. Stirling, Jr. yesterday blocked a stockholder's attempt to use California's shareholder inspection statute to gain access to a corporation's "books and records and minutes of...more

Jones Day

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Hanzo

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

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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

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

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

Knobbe Martens

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

Knobbe Martens on

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

Carlton Fields

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

Carlton Fields on

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

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

The latest from the Redstone/CBS dispute, with news late yesterday that even as Shari Redstone is “moving to block CBS Corp.’s efforts to strip her family of voting control”, a Delaware judge has temporarily blocked her from...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Troutman Pepper

Pa. Courts Provide New Guidance on Social Media in Litigation

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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

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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

Dorsey & Whitney LLP

Think Your “Private” Posts are Private? In New York, “Private” Facebook Posts are No Longer Protected from Discovery

Dorsey & Whitney LLP on

In a recent unanimous decision, Forman v. Henkin, the New York Court of Appeals, New York’s highest court, removed the heightened requirement set by the lower courts for a party requesting the production of social media posts...more

Robins Kaplan LLP

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

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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

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