Wednesday, July 27, 2011

Beware of What You Post:

We all know that what we post on social media sites are forever out in cyberspace; but could what you post be called into question in a trial?  The scary truth, what you post could be used against you.  In a recent court decision Zimmerman v. Weis Markets Inc. the plaintiff stated in a deposition that the scar on his leg changed his life dramatically; he was unable to enjoy the life he once had.  Defense counsel reviewed the public portion of Zimmerman’s Facebook and MySpace pages and discovered that the plaintiff was going about his normal life.  The defense sought access to the nonpublic portions of Zimmerman’s pages, which Zimmerman and his attorneys opposed based on his privacy interests.  The court sided with defense counsel noting that “liberal discovery is generally allowable, and the pursuit of truth as to alleged claims is a paramount ideal.”  There are still limitations on the scope of discovery, however in today’s society the internet is fair game for information.  For more information and discovery tips for counsel view the full article:  http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202499810802&Digging_Up_Social_Medias_Treasure_Trove_of_Discovery=&src=EMC-Email&et=editorial&bu=LTN&pt=Law%20Technology%20News&cn=20110719_ltnda&kw=Digging%20Up%20Social%20Media's%20Treasure%20Trove%20of%20Discovery&slreturn=1&hbxlogin=1

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