While social media is commonly used by the general public, it is only recently gaining popularity in litigation. The personal yet universal nature of Facebook, Twitter, and LinkedIn, as well as countless other social media sites, has made this form of media a critical source of evidence. Beyond individual usage, businesses use social media to attract clients, make appointments and set up events. With the use of social media only expected to continuously escalate, it becomes necessary for businesses of all sizes to understand their rights and obligations when it comes to social media.
Defense counsel in personal injury matters routinely use social media to question plaintiffs at depositions, cross-examine them at trial and in jury selection. But what about an altered photo from a defendant’s website? What should defense counsel do when confronted with an altered photo from a social media site that is presented to his client during a deposition?
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