“Social Media Discovery – Case Law Update & Strategies” – Florida Tech CLE at Palm Beach Bar presented by Christopher Hopkins

E-discovery

This one hour session, which you view live or via web (even after the fact), explains the key published opinions in Florida regarding social media discovery.  In addition to that, attendees will see the discovery requests which worked AND failed as well as obtain samples of up-to-date discovery requests.  Finally, a 10-step approach to successfully obtaining social media discovery is explained.

SIGN UP HERE.

The presentation is modeled around the articles, Ten Steps to Obtain Facebook Discovery in Florida and Defendants Want Social Media Discovery, Plaintiff’s Want E-Discovery, and then updated with new materials and samples.

For links to the supplemental material cited on page 35 of the Powerpoint, see below:

U.S. v. Elonis (Third Cir., Oct 2016) – threats on Facebook (after the US Supreme Court decision)

Forman v Henkin: Conflict Between Social Media Discovery and User Privacy” (Aug 2016)

State of Connecticut v. Teri Buhl (June 21, 2016) – harassment evidence relative to Facebook posts

Smith v Hillshire Brands (June 20, 2014) – sample requests; discussion of different courts’ approach

Giaccheto v. Free School Dist. (2013) – Facebook requests in personal injury case

 

1st Amendment
Florida Statute Criminalizes School Shooting & Bombing Threats – How Does Law Enforcement Locate People Who Post Online Threats? (O.P-G. v. Florida)

Two days after the Parkland School shooting in Broward County, a middle school student twenty miles away in Miami Lakes, Florida decided to post on YouTube the following: “I[’]m going to shoot my school in [F]lorida[.] [I’]m only 13[.] I got bull[ied] and [I’]m getting my revenge with my guns[.] …

Data Breach
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1st Amendment
The First Amendment and the Hurdles to Obtain an Injunction in Florida for Social Media Cyberstalking (Derek Warren Logue v. Lauren Frances Book)

A Florida trial court entered an injunction for stalking against the appellant for, among other things, posting a picture of the appellee’s house with her address, a song video with obscene title and lyrics, and a cartoon depicting the appellee with an obscene reference. The appellant filed an appeal, claiming …