Evidence

In part seven of Privacy v. Discovery: The Battle for Social Media Information, I analyze cases where courts have created unique solutions seeking to balance each party’s interest in privacy and discovery without setting precedent one way or the other: In Barnes v. CUS Nashville LLC d/b/a Coyote Ugly Saloon, 2010 WL 2265668 *1 (M.D. Tenn. 2010), […]

In part six of Privacy v. Discovery: The Battle for Social Media Information, I continue my analysis of the line of cases holding that certain social media information behind privacy settings may be shielded from discovery: In Tompkins v. Detroit Metropolitan Airport, 2012 WL 179320 *1 (E.D. Mich. 2012), the court held that social media content […]

In part five of Privacy v. Discovery: The Battle for Social Media Information, I analyze the seminal case holding that social media information behind privacy settings is shielded from discovery. As explained below, the Central District of California demonstrates that federal law shields certain social media content hidden from the general public through privacy settings […]

 In part four of Privacy v. Discovery: The Battle for Social Media Information, I continue my analysis of the line of cases holding that social media information behind privacy settings is discoverable: In Romano v. Steelcase Inc., 907 N.Y.S.2d 650 (N.Y. Sup. Ct., Suffolk County 2010), court held that a plaintiff lacked a reasonable expectation of […]

In part three of Privacy v. Discovery: The Battle for Social Media Information, I analyze the seminal case holding that social media information behind privacy settings is discoverable. As explained below, the Southern District of Indiana makes a persuasive case that Internet users lack a reasonable expectation of privacy in social media information that shielded […]

Social media is eroding traditional notions of privacy in the law. Millions of people interact on social media sites like Facebook, Twitter and MySpace every day to chronicle the intimate details of their personal and professional lives. As more people turn to social media for online interaction, it comes as no surprise that these new […]

What is the proper scope of social media discovery when Internet users have a certain expectation of privacy over  their social media content?  In the article Social Media Crossroads: An Analysis of the Law at the Intersection of Discovery and Privacy in the Realm of Social Media, I explain how federal reach different conclusions of whether social […]

The Florida Supreme Court does want any jurors in criminal cases to use social media to discuss their cases, Law.com reports. The high court recently adopted the work of its Committee on Standard Jury Instructions in Criminal Cases. Trial judges must tell jurors they “must not use electronic devices or computers to talk about this […]

A New Jersey Superior Court judge ruled today that a woman who sent a text message to her boyfriend while he was driving cannot be held liable for the motor vehicle accident he subsequently caused, ABC News reports.  A different ruling could have sparked a series of  vicarious liability actions for “Facebook while driving” lawsuits. […]

Plaintiffs’ attorneys are jockeying for position to represent shareholders who invested in Facebook’s initial public offering, Law.com reports. Shareholders filed multiple lawsuits against Facebook, Zuckerber and the IPO’s underwriters, including Morgan Stanley, JP Morgan Chase, and Goldman Sachs. The plaintiffs allege that the defendants misled investors about Facebook’s financial health, resulting in the loss of […]