Social Media's Presence in Litigation
With billions of active accounts across multiple social media channels, including Facebook, Instagram, Twitter, Snapchat, LinkedIn and more, user-generated content is being generated at an amazing pace.
September 26, 2018 at 09:15 AM
3 minute read
With billions of active accounts across multiple social media channels, including Facebook, Instagram, Twitter, Snapchat, LinkedIn and more, user-generated content is being generated at an amazing pace.
And it has become so integrated into both our personal and professional lives and so normalized that some people aren't always careful about what they post to potentially millions of viewers. In the last two years, 52 percent of lawyers have reported an increase in lawsuits related to postings, images and data from social media and mobile devices, according to a study from Robert Half. So much so, that social media evidence is now routinely requested in discovery.
So, what's involved in identifying, collecting and producing social media evidence? If counsel knows which accounts have relevant information, and your e-discovery team has access to those accounts, the data can easily be collected and reviewed similar to other electronically stored information.
But sometimes social media data is obtained through an investigation, meaning a team of forensic experts or private investigators comb through various posts and accounts to find the evidence needed for the case. This can be particularly useful in medical malpractice or insurance fraud cases, if evidence suggests that people are being less than truthful about their claims.
For example, in Romano v. Steelecase, Inc. the employee claimed she hurt her back on the job and that the injury left her home-bound and unable to move, significantly reducing her quality of life. However, after her Facebook and MySpace profiles—filled with pictures of her recent vacation, which showed that she was very active and easily able to leave her home—were entered into evidence, her claim didn't hold up.
If you're not using social media in your legal cases yet, you very soon will be. This infographic outlines what's discoverable, how social media discovery should work and cases where it has been successfully implemented.
Brian Schrader, is president & CEO of BIA (www.biaprotect.com), a leader in reliable, innovative and cost-effective e-discovery services. With early career experience in information management, computer technology and the law, Schrader co-founded BIA in 2002 and has since developed the firm's reputation as an industry pioneer and a trusted partner for corporations and law firms around the world. He can be reached at [email protected].
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Blueprint for Targeted Enhancements to Corporate Compliance Programs
7 minute readThree Legal Technology Trends That Can Maximize Legal Team Efficiency and Productivity
Corporate Confidentiality Unlocked: Leveraging Common Interest Privilege for Effective Collaboration
11 minute readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250