Social Media Case Law Update: Volume of Cases Accelerating

Recently our survey of published case law from 2010 and 2011 identified 689 cases involving social media evidence for that time period.  While these results exceeded our expectations, that pace …

689 Published Cases Involving Social Media Evidence (With Full Case Listing)

The torrent of social media evidence continues to grow. In November 2011 we searched online legal databases of state and federal court decisions across the United States to identify the …

Jurors All "Atwitter"

The Federal Judicial Center (“FJC”) recently published a report surveying 952 federal district court judges to identify the scope of jurors’ improper use of social media during trial and how …

Social Media Ethics Webinar with Lewis Brisbois

On Thursday March 1, I will be speaking along with social media expert lawyer John Browning of Lewis Brisbois, and Josh Rosenberg of LexisNexis in a complimentary webinar addressing ethics …

Tompkins v. Detroit Metropolitan Airport; the Importance of Systematic Public Search of Social Media Evidence

In a recent decision, a Federal District Court in Michigan ruled that while social media is clearly discoverable, there must be some showing of relevance before the court moves to …

A Real World Social Media Discovery Case Study From the Trenches

As mentioned in my last post, many law firms and eDiscovery service providers have in recent months extensively discussed social media discovery in a general fashion. Such dialogue is important …

Top eDiscovery Trends for 2012: Tough to Find a List without Social Media

The buzz around the eDiscovery of social media continues unabated in 2012, and for good reason. I challenged the team here at X1 Discovery to identify a numerical “2012 top …

The Proper Method for Lawyers to “Follow” Jurors and Witnesses

Twitter continues to be a significant source of evidence in litigation and corporate investigation matters.  A legal database search of published opinions reveals several dozen known cases recently involving Twitter-based …

Producing Facebook and Twitter Evidence in Native Format

Per all recent case law on the subject, including for instance EEOC v. Simply Storage, social media evidence is considered Electronically Stored Information (ESI) on the same par as email …

Can Lawyers Be Disqualified by Merely Viewing a Linkedin Profile? The Implications of Indirect Social Media Communications and Legal Ethics Rules

With attorneys and their hired consultants routinely collecting social media evidence for investigation and eDiscovery purposes, it is important to be aware that such activity can generate various direct and …

Facebook Spoliation Costs Lawyer $522,000; Ends His Legal Career

In what many are calling the largest eDiscovery sanction penalty ever leveled directly against an attorney, a Virginia state judge ordered lawyer Matthew Murray to pay $522,000 for instructing his …

Discovery Procedures to Obtain Social Media Evidence – 3 Different Approaches

As the realization that social media is relevant to just about every form of litigation gains critical mass, the question turns to what is the most effective discovery process  to …

Limitations of Facebook “Download Your Information” Feature for eDiscovery Preservation

In October 2010, Facebook provided a “Download Your Information” (“DYI”) feature to provide a means for a user to download to their computer data they have posted to their own …

Social Media: Highly Relevant, Clearly Discoverable but No Workable eDiscovery Workflow – Until Now

As reflected by extensive recent discussion in the legal and eDiscovery community in recent months (see links to examples here, here, here, and here) it is clear we all understand …

Authentication of Social Media Evidence

With over 800 million Facebook users and 200 million people with Twitter accounts, evidence from social media sites can be relevant to just about every litigation dispute and investigation matter. …