Jennifer Walrath

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Is Social Media Discoverable? Stick to the Basics (Part III – Other Limitations on Discovery)

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

Keep Your Social Media Discovery Targeted!

Co-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)

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? If so, is there anything else that may preclude or limit discovery of social media content? In a previous … Continue Reading
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