Ten Steps to Facebook Discovery

E-discovery

 

 

 

This article, from the Spring 2015 Trial Advocate Quarterly, discusses four (4) reported trial orders  and (3) appellate decisions on social media discovery from Florida.

While the orders and opinions are not exactly harmonized, they can be interpreted in a way that counsel for parties seeking social media discovery can follow these ten steps in order to obtain Facebook and other content in almost any case.

Also includes a discussion of how to refute the “standard” arguments against social media production.

The article is here.  It should be considered a comprehensive follow-up to this article and this one.

E-discovery
Privacy Guide for Your Apple iOS 15 Devices

Take 5 minutes to run through the settings on your iOS 15 (iPhone and iPad) security settings to ensure you are not leaking data. This article, originally published in the Palm Beach Bar Association Bulletin, explains the steps in a single page article so you can protect your devices and …

E-discovery
ESI, e-Discovery & Other Tech Issues for Mediators (Florida Dispute Resolution Center Conference 2021)

Thank you to the Florida Dispute Resolution Center for inviting me to speak at the 29th Annual Conference this year. This session focused on: Venmo & recent Florida Bar ethics opinion Defining ESI terms Rules of eDiscovery Steps of eDiscovery (preservation letter, litigation hold, duties, spoliation) 4 recent 2021 eDiscovery …

Defamation
What is the Proper Venue for an Alleged Defamatory Facebook Post in Florida? (James Lowery III v. Shane McBee)

A Martin County resident alleged posted a defamatory Facebook post which was read by a third party in neighboring Palm Beach County. Where is the proper venue? According to James Cullen Lowery, III v. Shane McBee, Florida’s Fourth District Court of Appeal held that “there was no“injury” to Plaintiff until …