On May 3, 2017 Executive Managing Partner Daniel Garrie published “Social Media E-Discovery: How To Request And Respond – Courts Have Provided Guidance For Litigators” in Metropolitan Corporate Counsel’s In-House Ops blog.
Seeking information from social media accounts is becoming commonplace in litigation. Obtaining social media discovery, however, can pose significant challenges, as this information can take many forms, involve different file types, be generated by different users and be extremely voluminous. To avoid pitfalls, requesting parties should avoid blanket requests and be specific about the social media material they want and need. Likewise, responding parties should fully produce social media data responsive to a request, and fully document redacted or withheld material.