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What Happens on Facebook, Stays on Facebook (When It Is Subject to a Discovery Request)

As readers of this blog know, social media evidence, like other electronically stored information, must be preserved when a party ?Ç£reasonably foresees?Ç¥ or ?Ç£reasonably anticipates?Ç¥ that it may be needed in litigation.?á As a New Jersey federal judge recently made clear, attempts to evade this requirement by deleting social media information may result in sanctions. In Gatto v. United Airlines, Inc., defendants in a personal injury lawsuit sought access to a number of plaintiff?ÇÖs social networking accounts to find evidence relating to his credibility and his online businesses, which would be relevant to the plaintiff?ÇÖs damages. Case no. 2:10-cv-01090?á?á (D. N.J. March 25, 2013).?á At mediation, plaintiff agreed to change his Facebook password so that he could share his account information with defendants?ÇÖ counsel. Defendants?ÇÖ counsel then accessed plaintiff?ÇÖs account, causing Facebook to alert plaintiff that his account had been accessed by an unknown IP address. ?á?áThe plaintiff then deactivated… Continue Reading

September 2022
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