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Social Media Privacy Settings May Not Protect Your Information From Discovery

Photo of Carey BusenBy Carey Busen on Posted in E-Discovery Rules, Social Media
Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and postings. However, it is equally likely that most social media users have not considered whether those privacy settings protect their information from … Continue Reading

Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper

By Karin Scholz Jenson on Posted in Social Media
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Authored by: Fernando Bohorquez Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a Manhattan Criminal Court’s order to produce … Continue Reading

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

By Jennifer Walrath on Posted in Social Media
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!

By Jennifer Walrath on Posted in Social Media
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)

By Jennifer Walrath on Posted in Social Media
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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