Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform
Nature of Case: Criminal appeal, Murder
Electronic Data Involved: Social media accounts
Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.
Nature of Case: slip and fall injuries
Electronic Data Involved: emails, text messages, FitBit, social media
Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.
Key Insight: discoverability of Facebook messages
Nature of Case: Breach of fiduciary duty, ERISA
Electronic Data Involved: Facebook private messages, Facebook post
Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege
Key Insight: disclosure of public posts, accessible to only specified recipients, 18 U.S.C. ? 2701 (Stored Communications Act)
Nature of Case: Murder
Electronic Data Involved: social media of prosecution witness
Keywords: deleted posts, public, private, Stored Communications Act, Facebook, Twitter, Instagram, implicit consent
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: Privacy settings do not govern scope of disclosure of social media materials
Nature of Case: Personal injury
Electronic Data Involved: Facebook posts
Keywords: Facebook, privacy setting, horse, social media
Identified State Rule(s): CPLR 3101, CPLR 3103
Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions
Nature of Case: libel, assault, slander
Electronic Data Involved: documents and communications posted or stored on social media, e-mails
Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”
Key Insight: scope of discovery
Nature of Case: sexual harassment and retaliation under Title VII
Electronic Data Involved: authorization for medical records and access to social media accounts
Keywords: social media accounts, authorization for medical records, emotional distress
Key Insight: Circumstantial evidence to corroborate that the defendant did actually send the social media post/message in question was required, such as metadata.
Nature of Case: aggravated assault and harassment
Electronic Data Involved: Social media
Keywords: metadata
Identified State Rule(s): Penn. Rule of Evidence 901
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