Discovery and Social Networking Sites: Want a Judge Reading Your Posts?

   Here's another excellent post by Mr. Stratton on why people need to be cautious when posting on social media networks:

Insurance Defense Blog 

by David B. Stratton, Esq. of Jordan Coyne & Savits LLP.

February 6, 2011

     "DRI's online newsletter, E-Discovery Connection, vol 5, issue 3, has a number of worthwhile articles on discovery of information on social networking sites.  I like the case where a federal judge offered to do an in camera review of a party's Facebook account by "friending" the party.  Think about whether you would want a federal judge reviewing all of your Facebook pages, which would include things you didn't even write."

The following cases are among those discussed in that newsletter:

EEOC v. Simply Storage Mgmt. (courtesy of Indiana Law Blog)

O'Grady v. Superior Court

Romano v. Steelcase

Barnes v. CUS Nashville

McMillen v. Hummingbird Speedway

 Dexter v. Dexter

Moreno v. Handford Sentinel

Rehberg v. Paulk

McCann v. Harleysville

Crispin v. Audigier

Posted by David B. Stratton on February 06, 2011 at 01:38 PM

From e-Discovery Connection by John D Martin:

  "... Federal Rule of Civil Procedure 34 (A)(1)(a) was amended in 2006 to include "electronically

stored information" ("ESI") in the definition of what is subject to a request for production."

See Fed. R. Civ. P. 34 advisory

committee's note (2006).

" . . Although social networking sites were in their infancy when the 2006  rules revision process began, the language of Rule 34 is broad enough to include the content on 

any type of internet site, as long as the content is stored. Messages, status updates, pictures, videos, contact information, and all other content posted on social networking sites fits the Rule 34 definition of "data compilations stored in any medium from which information can be obtained."