Litigation

Recent Posts

Judge Hits Home Run In Ruling On Discoverability Of Social Media Content
Posted on 23 Jul 2012 by Margaret (Molly) DiBianca

As tempting as it may be to believe, judges don't always get it right. Every lawyer has seen an opinion that misapplies the law or applies the wrong law altogether. And maybe that's why we get so giddy when a court really nails it, particularly... Read More

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues
Posted on 23 Jul 2012 by Philip Miles

In Trail v. Lesko (opinion here) , Allegheny County Judge Wettick provided a great resource for anyone researching social media discovery issues. Judge Wettick authored a 20-page opinion, running through nine Pennsylvania state court decisions addressing... Read More

Are Facebook And MySpace Messages Subject To Discovery?
Posted on 16 Jun 2010 by Doug Cornelius

In the recent case of Crispin v. Audigier , a California judge ruled that Facebook and MySpace messages that aren't publicly available are protected information under the Stored Communications Act, and therefore can't be subpoenaed for use in... Read More

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery
Posted on 18 Feb 2014 by Abbey Spanier

A recent Pennsylvania State Court order granting a defendant’s motion to compel the production of one of the plaintiff’s Facebook log-in credentials found that social media accounts– even if set to private –are fair game in discovery... Read More

Court Allows Plaintiff Quick Peek Into Defendant's Facebook Account
Posted on 26 Apr 2012 by Eric Meyer

A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details: The Judge's page long Order does not provide... 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

'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

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