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Facebook Makes Discovery Easy (Sometimes)

As most any litigation practitioner knows, Facebook can be GOLD.  Pictures really are worth 1,000 words. . . or more.  That million dollar picture of a plaintiff who has claimed debilitating emotional distress:  on a boat, raising a beer with friends, and posted smack in the middle of the period of time that plaintiff claims was riddled with “emotional distress.”  GOLD.  And it happens with regularity.  Facebook, as with other social media, is a medium of the moment – individuals post (and get tagged) in pictures posted during the adrenaline-infused, alcohol-fogged moments of “good times.”  And it is exactly these moments – moments easily forgotten by Plaintiffs asking a judge or jury for emotional distress damages – that are crucial to developing a clear picture of emotional distress. 

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Be Careful What You Post: Social Networks Are Discoverable

As two recent cases have made it abundantly clear, one must be very careful what is posted on your social networking cites.  I was fascinated by the discussion in the blog on Forbes website entitled: Do Your Social Networking Privacy Settings Matter If You Get Sued? by Kashmir Hill.

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