With Social Media Discovery as with much other Electronic Discovery, the key issue is often defining and managing burden. Begin with the end in mind – you need to know what you want and you need to know the paths and the obstacles to getting there. Can you cut to the chase with the opposing party? Need you leave yourself... Continue Reading...
Continue ReadingSocial Media Discovery & Evidence Part 2: Beast of Burden
Social Media Discovery & Evidence Part 1: Can’t You Hear Me Knocking?
At some point all litigators will need access to social media to pursue or defend our clients’ claims. Parties, employees and witnesses often post or message without any discretion. They may share digital images that contradict their claims of damages or demonstrate inconsistencies in their testimony. Often, parties resist allowing access to their social media due to privacy and relevance... Continue Reading...
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