Courts Struggle To Lay Out Social Media Discovery Limits

By Abigail Rubenstein (September 20, 2012, 8:30 PM EDT) -- A California judge's recent rejection of Home Depot Inc.'s bid for broad access to social networking posts made by a former employee bringing a discrimination lawsuit shows that courts are still grappling with where to draw the line on discovery from social media sites, attorneys say. 

U.S. Magistrate Judge Suzanne Segal on Sept. 7 said the bulk of the retailer's request for discovery of former employee Danielle Mailhoit's communications from sites like Facebook and LinkedIn was too broad, even though she acknowledged that Home Depot had modeled its request on what another court had allowed in a different bias suit involving...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!