From the President

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Sheila Atkinson-Baker

New Cases Provide Guidance on Social Media eDiscovery

By Philip Favro

Social networks continue to be a particularly ripe source of relevant ESI in eDiscovery. With the continued proliferation of case law, key trends are emerging and providing guidance regarding the production and preservation of social media. One of those trends – the need to prepare and respond to narrowly tailored discovery requests – has been captured in several recent cases.

Narrow Discovery Requests

Courts have clearly established that litigants must satisfy a “threshold showing” of relevance before allowing the discovery of materials from a party’s social media accounts. This was certainly the case in Devries v. Morgan Stanley, where a federal court in Florida forbade the defendants from discovering the plaintiff’s social networking activities. The request at issue was broad in scope:

All messages and postings that you, or anyone acting on your behalf, transmitted or received through social media sites, including Facebook, Instagram, WhatsApp, Twitter, and LinkedIn, during your employment with Defendants . . . (emphasis added)

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Deposing an Expert Witness - 6 Tips For Success

By Joe O'Neill

Worried about deposing an opponent’s expert? Don’t be. With plenty of preparation and the right strategy you can flush out a weak expert well before your case goes to trial. We’ve rounded up some tips from top litigators and legal advisers around the country to help you make the right moves during this crucial phase of your case.

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