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...

Initial Discovery Protocols for Employment-Discrimination Cases

The exchange of initial disclosures between parties in a lawsuit brought in federal court is not generally considered the most useful endeavor. The parties have to exchange a few pieces of information but, for the most part, expect to get into the substance of the case only after formal discovery...

PA Judge Provides Social Media Discovery Rundown

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 discovery of social media in litigation: [The...

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...

Court grants access to plaintiff's social media in discrimination case

Many times on this blog (e.g., here , here , and here ), I've discussed the discovery of a plaintiff's social media information in pending litigation. More often than not, these issues arise in personal injury actions where the defendant believes that the plaintiff's injury isn't as a...

If you hire only people you have the hots for, is that sex discrimination?

It's a well-known fact that good-looking people have a better chance of being hired and promoted , and make more money, than less good-looking people. At least, as long as you're not too hot . Generally, there isn't much you can do about it if your opportunities are limited by male pattern...

Social Media and Discovery: Post with Caution

With over one billion active Facebook users and 500,000,000+ Twitter accounts, it is no surprise that the discovery of messages, status updates, wall posts, tweets and pictures shared on social media has become a battle ground in sexual harassment and discrimination lawsuits. Given that over half...

Delaware Chancery Court Finds No Privilege for Email Sent from Work Account

Does an employee who communicates with his lawyer from a company email account waive the attorney-client privilege with respect to those communications? The answer is not terribly well settled—not in Delaware and not in most jurisdictions. But a recent decision by the Delaware Court of Chancery...

The Scope of Discovery is Changing!

The Pennsylvania Bar Institute (PBI - famous for their "yellow books" in these parts) contacted me to update a chapter I had previously contributed to their Taking and Defending Depositions coursebook - seminar coming soon to Philly , Pittsburgh , and Mechanicsburg (sadly, I cannot participate...