From Snaps To Tweets: The Craft Of Social Media Discovery
By Matthew Hamilton, Donna Fisher and Jessica Bae (November 17, 2017, 5:02 PM EST) -- Social media users create a candid digital record of their experiences, thoughts and feelings. Such information may be relevant in litigation and crucially has not been subject to a lawyer's filter. For example, as the cases below show, vacation photos shared on social media can effectively undermine a claim that an injury has rendered a plaintiff unable to enjoy life. Likewise, defendants' or their employees' interactions on social media may serve as the basis for a discovery request for social media or undermine a defense. Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Accordingly, requests for access to information from Facebook, Twitter, Instagram, Snapchat and other social media platforms must be carefully tailored....
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