Social Media Discovery in Florida After Nucci v. Target

E-discovery

Litigators and the courts continue to put heavy emphasis on social media discovery but, surprisingly, the case law has not significantly developed in Florida (or really around the country) since the 2015 case of Nucci v. Target.  However, the few cases that have arisen in the last two years are worth reviewing.

The article, Social Media Discovery in Florida After Nucci v. Target, was published by the Palm Beach Bar Association Bulletin in August 2017.

The links to the cited materials is below:

Gordon v. TGR Logistics (Wyoming, May 2017)

United States ex rel Feaster v. Dopps Chiropractic (Kansas, March 2017)

Brown v. City of Ferguson (Missouri, Jan 2017)

Baxter v. Anderson (Louisiana, Aug 2016)

Thurmond v. Bowman (New York, 2016)

Moll v. Telesector

Hogwood v. HCA Holdings (Florida, Aug 2015)

League of Women Voters v. Detzner (Florida, July 2015)

Impson v. Dixie Electric (Louisiana, April 2015)

Crowe v. Marquette (Louisiana, Jan 2015)

Ten Steps to Obtain Facebook Discovery in Florida (Trial Advocate Quarterly, 2015)

Nucci v. Target (Florida, Jan 2015)

Smith v. Hillshire (Kansas, June 2014)

Palma v. Metro PCS (Florida, April 2014)

Discovery of Facebook Content in Florida (Trial Advocate Quarterly, 2012)

Trail v. Lesko (Pennsylvania, July 2012)

Chiles v. Novartis (Florida, 2012)

image credit: howtostartablogonline.net (or here)

 

 

 

Data Breach
Christopher Hopkins Discusses Cybersecurity & Technology for Lawyers At Law Firm Leaders Summit

I was invited to speak today in Tampa about cybersecurity and technology for lawyers at the Law Firm Leaders Summit conference. I presented to both “small firm” and “large firm” tracks at the seminar. We covered: Getting hacked on public wifi Phishing, Spearfishing and other hacks Ransomware U.S. Government’s “NIT” …

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 …

1st Amendment
Three Steps to Understanding Why Government Officials Cannot Block Users on Social Media (Knight First Amendment Institute et al. v. Donald J. Trump et al.)

There is some confusion about the recent Second Circuit opinion as to how, on a private social media platform, a government official, using a personal account, cannot block other users. The following three step process should lead just about everyone to understand the outcome. The case is Knight First Amendment …