Category Archives: E-Discovery

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Occupiers’ Motion to Quash Subpoenas of Tweets Raises Privacy Questions

Occupy protesters in New York are attempting to quash the Manhattan District Attorney’s subpoenas of their tweets and Twitter account information. The protesters were arrested for obstructing the Brooklyn Bridge during a protest in October. The District Attorney wants to use the tweets to show that the protesters knew their actions were not sanctioned by … Continue Reading

Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants

By Michelle Sherman The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark infringement, or defamation. Fortunately, there is guidance from the courts … Continue Reading

E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses

By Michelle Sherman Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a study last year, so the numbers are already on the conservative side, 65% of Fortune Global 100 companies have active Twitter accounts, and 54% have Facebook fan pages. One third of these companies … Continue Reading

Legal Ethics and The Social Network

It comes as no surprise that social networking sites can be sources of valuable evidence in litigation. One can easily imagine an attorney clicking through a witness’ MySpace photo album with an eye towards attacking her credibility at trial or reading a Twitter feed, hoping for an update that could successfully dispute damages. As tempting … Continue Reading