As reported in the New York Law Journal, more and more New York courts have applied a liberal standard to the discoverability of a plaintiff’s social media information in personal injury or medical malpractice claims. How significant can a plaintiff’s social media information be to a case? In Romano v. Steelcase, a case venued in… Continue Reading
Category Archives: e-Discovery and Social Media
Subscribe to e-Discovery and Social Media RSS FeedSocial Media and the Law – Evolving and Inconsistent
Posted in e-Discovery and Social MediaAs of June 2012, Twitter had over 500 million users and Facebook had 955 million active users monthly. If you’re reading this blog, you likely have an account with either these services, or any number of other social networking sites. As technology progresses, more and more individuals use these sites daily. With the growing threat… Continue Reading
Lawyers, Jurors and Social Media: Let’s Not Be Friends (New York City Bar Association Opinion)
Posted in e-Discovery and Social MediaThe New York City Bar Association, within a recent ethics opinion, addressed the issue of whether an attorney is permitted to access social media websites to investigate the backgrounds of potential jurors and to monitor jurors’ activities during a trial. In seeking to balance an attorney’s interest to conduct juror background research with the ethical… Continue Reading
Public Tweets Can Be Subject to Subpoena
Posted in e-Discovery and Social MediaAccording to Criminal Court Judge Matthew Sciarrino, Jr., users of Twitter who post public tweets may find their user information can be obtained in a case against them. As reported in The New York Law Journal: “The Constitution gives you the right to post, but as numerous people have learned, there are still consequences for… Continue Reading
Posting personal information on the internet can be hazardous…if you are a litigant!
Posted in e-Discovery and Social MediaEveryone that has watched a ‘cop’ television show or movie has heard the following phrase: “you have the right to remain silent…anything you say can and will be used against you”. Most of us can also probably recall the origin of that phrase; for those who cannot, I will remind you. The phrase comes from… Continue Reading