Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
- A random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will display the tweets with the negative comments among the search results. Upset over the... ›
Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
By: Carrie H. CohenE-mails. Text messages. Instant messages. Social media. The digital age has given birth to powerful new ways to communicate that have transformed how we live and conduct business. But the proliferation of communication options has come with increased exposure to claims in litigation of... ›
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
By: J. Alexander LawrenceWhile discovery of social media information has been commonplace for some time , courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed... ›
Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?
By: J. Alexander LawrenceJudge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social media, judges have had... ›
Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging AppFacebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As we’ve discussed , some courts deciding physical... ›
Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man
By: J. Alexander LawrenceAs 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 deactivated his Facebook account in an effort to be able to claim that... ›
- - First Amendment, DMCA, Privacy, E-Discovery, Copyright, Employment Law, Discovery, Litigation, Wearable Computers
Hot Off the Press: The April Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. RubinThe latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media, we summarize the current status of various state laws restricting employer access... ›
U.S. Courts’ Evolving Approaches to Social Media E-Discovery
By: J. Alexander LawrenceCourts across the United States have now made clear that discovery of social media is fair game. At the same time, courts have consistently found that litigants will not be permitted to engage in social media fishing expeditions; rather, litigants will be required to... ›