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LJN NewslettersNewsSectionsThe Corporate Counselor

Litigation and Social Media

BY Monica M. Moore
May 28, 2012

Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting “private” information to the “public,” information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation. The challenges that electronic communication presents during litigation began with e-mails and continues with the proliferation of social media. The increasing use of social networking sites, such as profiles and messages on Facebook and LinkedIn, “tweets” and direct messages on Twitter, and YouTube, has changed the discovery landscape again. This change, however, presents a positive and beneficial discovery tool for companies to use in litigation.

Obtaining Social Media As Evidence

At the outset of litigation, counsel should formally request that the Plaintiff preserve information from social networking sites. This simple practice may guard against the ever-present risk that the Plaintiff will delete or purge his or her account in an effort to eliminate any relevant and/or damaging evidence at the beginning of a lawsuit or as the lawsuit progresses.

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