Social Media and eDiscovery: Practice Tips and Case Law Developments

摘要

Advising clients regarding preservation and use of social media is a necessary component of competent representation. Obtaining discovery of social media can be critical to claims and defenses. Counsel should consider reaching agreements as to the scope of permitted discovery before seeking court intervention, using caution to avoid inadvertent destruction of social media, or otherwise improper disclosure of information that may not otherwise be discoverable. If court intervention is necessary, practitioners should determine whether a judge has experience with such issues. If the judge does not, or his or her experience is limited, practitioners should provide the judge with a brief that provides an overview of electronically stored information and social networking sites. When pursuing a motion to compel or motion for protective order, practitioners should be sure to provide the court with recent case authority. If there is no applicable case authority for your request, provide the court with cases from other jurisdictions that help support your position.