Round up of Recent Social Media Evidence News and Resources
For this week’s entry, we have a rundown of recent developments in the world of social media evidence from some reputable sources. KL Gates Social Media Analysis. To start off, …
Plaintiff Claims Physical Injuries Made Worse by Cold Weather, Then Goes Snow Skiing
Earlier this month a New York Appellate court ordered the complete disclosure of a personal injury Plaintiff’s Facebook account. In Richards v Hertz Corp., 2012 WL 5503841 —N.Y. Supp. 2d—, …
5 Case Studies of Social Media Evidence in Criminal Investigations
Law enforcement agencies across the nation are using social media to identify, detect and solve crimes. According to a recent survey by LexisNexis Risk Solutions of more than 1,200 law …
Police Embrace Social Media as Crime-Fighting Tool (CNN Article)
Recently, CNN published an article illustrating how law enforcement agencies are using social media to help solve their cases. CNN reporter Heather Kelly, states, “leveraging Facebook is just one of …
Mid-Year Report: Legal Cases Involving Social Media Rapidly Increasing
As part of our ongoing effort to monitor legal developments concerning social media evidence, we again searched online legal databases of state and federal court decisions across the United States …
Judge Peck: Cloud For Enterprises Not Cost-Effective Without Efficient eDiscovery Process
Federal Court Magistrate Judge Andrew Peck of the New York Southern District is known for several important decisions affecting the eDiscovery field including the ongoing Monique da Silva Moore v. …
Surging Wage and Hour Class Action Suits and the Importance of Social Media Evidence
Wage and hour class action suits are rising dramatically. According to the USA Today, Plaintiffs filed 7,006 federal court wage-and-hour suits in 2011, many of them class actions, nearly quadruple …
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 …
“IF YOU AINT BLASTIN, YOU AINT LASTIN!!!!”: How to Authenticate Incriminating Social Media Evidence
In our recent social media ethics webinar with John Browning of Lewis, Brisbois, (recording and slides available here) we noted the significant number of recent criminal matters involving key social …
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 …
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 …
Pennsylvania Court’s Excellent “Whitepaper” on Social Media Discovery
Another Pennsylvania court recently ruled that information posted by a party on their personal Facebook page is discoverable and ordered the plaintiff to provide their user name and password to …
The Affirmative Legal Duty to Address Social Media Evidence (Guest Attorney Blogger Edition)
Today we are pleased to welcome a guest attorney blogger, John Browning who is a partner in the Dallas office of Lewis Brisbois Bisgaard & Smith LLP. John is a …
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 …