Litigation

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X1 Discovery Shares List Of Public Cases Involving Social Media Evidence
Posted on 31 Jul 2012 by LexisNexis Litigation Resource Community Staff

The torrent of social media evidence continues to grow and X1 Discovery continues to monitor online legal databases of state and federal court decisions across the United States, where evidence from social networking sites played a significant role. ... Read More

Tweets And Status Updates Meet The Courtroom: How Social Media Continues To Be A Challenge For E-Discovery In 2011
Posted on 8 Sep 2011 by LexisNexis Litigation Resource Community Staff

By Nadine R. Weiskopf According to a survey from Arbitron Inc. released in April 2011, the percentage of Americans age 12 and older who have a profile on one or more social networking websites has reached almost half (48 percent) of the population... Read More

'Friending' Adverse Witnesses: When Does It Cross The Line Into Unethical Conduct?
Posted on 9 Nov 2011 by Lisa McManus

You represent the defendant in a personal injury case in which the 20-year-old plaintiff claims that she can no longer enjoy the pleasures of life and is confined to her home. During the course of examining plaintiff’s witness in deposition, the... Read More

Social Networking v. The Jury Trial: Time To Call A Mistrial?
Posted on 12 Sep 2011 by LexisNexis Litigation Resource Community Staff

By Craig A. Henderson In this Analysis, social networking expert Craig A. Henderson addresses the significant rise of improper social networking and internet use by jurors during jury service to research the case, discuss deliberations, and "friend"... Read More

The 'Googling Juror' Has Emerged As 'Massive Concern' In Courts
Posted on 23 Mar 2012 by William A. Ruskin

By William A. Ruskin In an on-line article titled, " Rely on Instructions to Curb the Socially Networked Juror " (3/19/12), Dr. Ken Broda-Bahm writes that "the 'Googling Juror' has emerged as a massive concern in the courts with... Read More

William A. Ruskin: Does Wireless Internet In Courthouse Exacerbate Lawyer Abuse?
Posted on 23 Jun 2012 by William A. Ruskin

By William A. Ruskin Yesterday, we published an article titled 'Lawyers' Use Of Internet To Influence Jurors' raising the concern that the fairness of jury trials may be jeopardized if jurors can surf the Internet and read misleading or... Read More

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors
Posted on 20 Jun 2012 by William A. Ruskin

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6... Read More

Waiver Of Attorney-Client Privilege Or Work Product Doctrine Through Social Media
Posted on 23 Feb 2011 by Lisa McManus

Social media provides the potential for both client and attorney to waive work-product doctrine protection and attorney-client privilege by publicly disclosing confidential information. Voluntary disclosure of the content of a privileged attorney communication... Read More

Facebook Moves To Dismiss Complaint Based On Use Of Minors’ ‘Likes’
Posted on 14 Feb 2011 by Frankfurt Kurnit Klein & Selz

A recent class action on behalf of California minors takes aim at Facebook for its practices regarding the use of Facebook members' names, likenesses, and preferences. The plaintiffs allege, among other things, that Facebook encourages its users to... Read More

Service Of Process Through Facebook
Posted on 9 Nov 2011 by Lisa McManus

Courts are increasingly willing to accept service through Facebook and other social media platforms when other methods fail. United States Mpafe v. Mpafe , Hennepin County, MN No. 27-FA-11-3453: Authorized service of divorce proceedings on defendant... Read More