Free With Registration: Savvy Use of Social Networking Sites

Daniel L. Brown, a partner at Sheppard Mullin Richter & Hampton, and Aimee R. Kahn, an associate at the firm, write that some recent court proceedings demonstrate that an adversary’s MySpace or Facebook page may sometimes contain the all-important smoking gun, and such sites can potentially be used to serve legal process on an adversary. However, the ability to use information discovered from a social networking Web site as evidence has not yet been fully tested in courtrooms, and attorneys must understand the evidentiary and ethical implications of seeking and discovering such evidence.