As emoticons, and especially emojis, explode in popularity and appear in more of our written communications, they inevitably raise legal questions. For instance, can an emoticon or emoji change the meaning of an email, text message, online chat, or blog post in which it appears?
A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned aerial vehicle (UAV), or drone.
Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.
While courts generally hold that normal discovery rules apply to social media discovery, at least one judge has identified—and railed against—emerging trends in such cases that impose additional hurdles for litigants seeking discovery of social media information.
How do you download your Twitter archive? That question has come up a lot recently. It is really fast and simple.
The severe sanctions imposed in these cases demonstrate the importance of understanding the implications of social media posts (and their removal) when a business faces, or reasonably anticipates, litigation.
The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation.
If not properly researched, preserved, and authenticated, the best social media evidence is worthless.
LinkedIn is by far the most popular social network with lawyers. According to the ABA Report, 99% of individual lawyers from firms of 100 or more have a LinkedIn profile, followed by 97% of respondents from firms of 10-49 attorneys, 94% of respondents from firms of 2-9 attorneys, and 93% of solo respondents.
Despite the way many people freely share their personal information on Twitter, Facebook, and Instagram these days, many lawyers don’t think to turn to it for valuable material to use against someone in a case.