Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs
Nature of Case: Wrongful termination
Electronic Data Involved: Social media posts
Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media
Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory
Nature of Case: employment discrimination
Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures
Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.
Nature of Case: Automobile accident.
Electronic Data Involved: Photographs and videos.
Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”
Key Insight: Plaintiff lost access to Facebook, subsequently regained access and then deleted while case was pending summary judgment. Defendant was granted adverse inference jury instruction, not dismissal requested.
Nature of Case: Discrimination, Retaliation and Unjust Dismissal
Electronic Data Involved: Facebook Account Records
Keywords: Facebook, Spoilation, Deletion, Access
Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination
Nature of Case: employment
Electronic Data Involved: pictures
Keywords: deleting facebook
Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.
Nature of Case: data-breach class action
Electronic Data Involved: customer personal data
Keywords: data security, personal data, breach, unconscionable
Key Insight: Judge accepted party’s friend request on Facebook, after the custody hearing and before decision.
Nature of Case: Motion to modify minor child custody order due to domestic abuse
Electronic Data Involved: Facebook posts. Electronic social media (ESM).
Keywords: Facebook, objective bias, judicial bias
Identified State Rule(s): Appeal: reversal and remand for further proceedings before a different judge
Key Insight: Social media is narrowly discoverable as it pertains to the issue
Nature of Case: Injuries and Damages suit
Electronic Data Involved: Social Media
Keywords: Social media
Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations
Nature of Case: Personal injury
Electronic Data Involved: social media photographs, social media private access
Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
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