The influence of social networking sites like Facebook, Twitter, LinkedIn, and MySpace has exploded in recent years. So perhaps it should come as no surprise that social media is increasingly playing a significant role in federal and state court decisions. Such evidence has been used in cases ranging from trademark infringement1 to sexual harassment2 to worker’s compensation,3 often to devastating effect.

In Romano v. Steelcase, for example, the plaintiff claimed that she sustained permanent injuries that left her largely bedridden. In an effort to rebut these claims, the defendant sought to discover and introduce pictures from plaintiff’s Facebook and MySpace accounts that post-dated the alleged debilitating injury and yet showed her “smiling happily in a photograph outside the confines of her home.”4

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