Socially Aware

December 10, 2019 - E-Discovery, Discovery, Litigation
Foreign Companies Can Use 28 U.S.C. § 1782 to Unmask Anonymous Internet Posters
By: J. Alexander Lawrence
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
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August 08, 2017 - E-Discovery, Litigation
Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
By: Carrie H. Cohen
E-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
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January 11, 2016 - E-Discovery, Discovery, Litigation
Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?
By: J. Alexander Lawrence
While 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 against—emerging
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August 24, 2015 - E-Discovery, Discovery, Litigation
Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?
By: J. Alexander Lawrence
Judge 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
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May 20, 2015 - Status Updates, Disappearing Content, E-Discovery, Discovery, Litigation
Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App
Facebook: 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
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May 18, 2015 - E-Discovery, Discovery, Litigation
Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man
By: J. Alexander Lawrence
As 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
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March 31, 2014 - E-Discovery, Discovery, Litigation
U.S. Courts’ Evolving Approaches to Social Media E-Discovery
By: J. Alexander Lawrence
Courts 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
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