LexisNexis® Legal Newsroom
Your Employees' "Private" Facebook Posts Are Not Private

What is this? A broken record? Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case. Today, we head south down 95, and then west to Franklin County...

Access to a Party’s Facebook Account During Discovery

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 when the issue is complicated or novel or the law...

Discovery of Plaintiff's Social-Networking Profile

An employer facing litigation brought by a current or former employee often has good reason to seek discovery of the plaintiff-employee's Facebook posts. For example, an employee who alleges that she was subject to an unlawful hostile work environment in violation of Title VII must show not only...