In addressing the discoverability of social media, we typically analyze three questions: Is social media relevant to the claims or defenses at issue in your litigation? If so, is it within your possession, custody, or control? And, finally, is there anything else that may preclude or limit discovery of social media content? In two previous… Continue Reading
Category Archives: Social Media
Subscribe to Social Media RSS FeedKeep Your Social Media Discovery Targeted!
Posted in Social MediaCo-authored by: Alberto Rodriguez We previously posted about the threshold issue of relevance in social media discovery in the context of EEOC v. Simply Storage, in which the Southern District of Indiana limited broad requests for social media to those relevant to the claimant’s mental and emotional health – specifically, those communications, photographs, and videos… Continue Reading
Is Social Media Discoverable? Stick to the Basics (Part II—Possession, Custody or Control)
Posted in Social MediaIn addressing the discoverability of social media, we typically analyze three questions: Is social media relevant to the claims or defenses at issue in your litigation? If so, is it within your possession, custody or control? If so, is there anything else that may preclude or limit discovery of social media content? In a previous… Continue Reading
Is Social Media Discoverable? Stick to the Basics (Part I – Relevance)
Posted in Social MediaCo-authored by: Gil Keteltas Is social media relevant to the claims or defenses at issue in your litigation? If so, is it within your possession, custody, or control? And, if so, is there anything else that may preclude or limit discovery of social media content? There seems to be a lot of hand-wringing regarding discovery… Continue Reading