Litigation

Recent Posts

Is There A Social Media Privilege?
Posted on 9 Nov 2011 by Lisa McManus

Courts faced with ruling on discovery requests involving social media sites are forging new law. Courts can and do issue discovery orders compelling a party of a lawsuit to grant an opposing party access to his or her Facebook page or to permit in camera... 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

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

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

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

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

E-Discovery: We Still Haven’t Found What We’re Looking For
Posted on 17 Aug 2015 by Steven C. Bennett

By Steven C. Bennett [1] | E-discovery, like the computer and telecommunications economy from which it derives, has come a long way. Today, more than ever, in large case and small, “e-discovery IS discovery.” Yet, despite more than 20 years... 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