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Facebook, Twitter & More: Practical Tips on How to Request Social Media Discovery

Author: Tennessee Attorneys Memo

Category: Online Legal/Law Training > Continuing Legal Education

Gain 1.5 hours of CLE credit as Clinton Sanko, with Baker, Donelson, Bearman, Caldwell & Berkowitz PC, explains the ins and outs of social media discovery and its impact on trials. He will discuss the latest developments in courts around the nation. Other topics include adversary party review...

Keywords: TAM, Tennessee Attorneys Memo, Legal, law, CLE, continuing legal education, facebook, twitter, social media, Social Media Discovery, discovery, e-discovery

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Table of Contents:

Recent Developments:

A Pennsylvania court ordered a plaintiff to provide the opposing party all passwords and log-in information for MySpace and Facebook accounts.

In a recent Tennessee personal injury case, a district court judge offered to “friend” the plaintiff on Facebook to review her account and disseminate relevant information to the parties involved.

A Kansas district court ruled that a defendant mitigated a plaintiff’s privacy concerns by allowing the plaintiff to download and produce the information himself, rather than providing login information.

Other topics and examples:

Adversary party review: When the requesting party is provided access to a social media site by provision of usernames and passwords

In camera review: A judge being given access to the media site

Producing party review: Fashioning a searching and review protocol or methodology that finds relevant information

Privacy objections: Are there social media privacy rights?

Federal law: Barrier to direct discovery to social media provider

Juror misconduct: Can a social media contact result in the reversal of a conviction?

Hardware and Software Requirements:

This course works well with Internet Explorer (v 8 - higher), Firefox, and Google Chrome. Please make sure you have Adobe Flash Player installed and that you are running the latest version of Flash Player, go to http://www.adobe.com/software/flash/about to check your version or get Flash http://www.adobe.com/go/getflash. We highly recommend at least 2-3 Mbps connection speed.