Social Media in Litigation

In the recent case of Matter of John W. Danforth Group, Inc., the Western District of New York considered, and rejected, a company’s petition under Federal Rule of Civil Procedure 27 to perpetuate evidence in anticipation of an as-yet unfiled employment discrimination action against it. Under limited circumstances, a potential party to litigation can obtain discovery…

Read More Employer, Anticipating Sexual Harassment Suit, Denied Pre-Lawsuit Discovery From Prospective Plaintiff’s “Facebook Friend”

A federal court last week struck down an employment discrimination defendant’s attempt to obtain broad-ranging discovery from plaintiff in her Title VII gender discrimination, hostile work environment, sexual harassment, and retaliation case. The court’s decision in Kennedy v. Contract Pharmaceutical Corp. is here. Social Media Document Requests Social media is everywhere, and much has been written on…

Read More Court Rejects Defendants’ Attempts to Obtain Social Media Discovery From Discrimination Plaintiff

On June 30, the NYC Criminal Court rejected Twitter’s attempt to quash a subpoena seeking “any and all user information, including email addresses, as well as any and all tweets posted for the period of September 15, 2011 to December 31, 2011” from a Twitter account maintained by defendant Malcolm Harris (whose tweets, apparently, bolstered…

Read More Court: Tweets Are “Gifted To The World”; Must Be Produced In OWS Case