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Waiver Of Attorney-Client Privilege Or Work Product Doctrine Through Social Media

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 constitutes waiver of the privilege as...

Tweets And Status Updates Meet The Courtroom: How Social Media Continues To Be A Challenge For E-Discovery In 2011

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-double the level from three years ago (24 percent...

'Friending' Adverse Witnesses: When Does It Cross The Line Into Unethical Conduct?

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 witness mentions communicating with the plaintiff...

Is There A Social Media Privilege?

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 review of social media sites set to private settings...

Service Of Process Through Facebook

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, who was believed to have left the country...

Court Allows Plaintiff Quick Peek Into Defendant's Facebook Account

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 the background on the case leading up to this Motion...

Pennsylvania Judge Provides Great Resource For Anyone Researching Social Media Discovery Issues

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...

Abbey Spanier LLP: Social Media Accounts Are Fair Game in Discovery

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. In Largent v. Reed , Case No. 2009-1823...

E-Discovery: We Still Haven’t Found What We’re Looking For

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 of development of the commercial internet (and...