Social Media – Page 2

MySpace Photos as Impeachment Evidence

August 27, 2013 Josh Gilliland e-Discovery, Social Media

In a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three[…]

HIPAA & Social Media in Discovery

August 9, 2013 Josh Gilliland e-Discovery, Social Media, Social Networking

Some cases are a two for one deal. This one covers HIPPA and social media. No End-Run Around HIPAA The Defendants sought a protective order to communicate directly with the Plaintiff’s health care providers without notice to the Plaintiff’s attorney and outside of the attorney’s presence. Ford v. United States,[…]

Family Law & Social Media ESI

June 28, 2013 Josh Gilliland e-Discovery, Social Media, Social Networking

A New Jersey State Court determined the imputed income of a defendant in a child custody case to be $100,000 after reviewing photos from social media submitted by the Plaintiff. Fitzgerald v. Duff, 2013 N.J. Super. Unpub. LEXIS 1376 (App.Div. June 7, 2013). The Court of Appeals reversed the denial of[…]

Still No Rummaging Through Social Media in Discovery

June 14, 2013 Josh Gilliland e-Discovery, Request for Production, Social Media, Social Networking

Courts will not ReTweet or “Like” discovery requests for social media that are simply fishing expeditions. In Salvato v. Miley, the Plaintiff requested the following discovery: Interrogatory 12 Please identify whether you had any social media accounts and/or profiles including, but not limited to, Facebook, Twitter, MySpace, you have had at[…]