E-discovery

Judge Orders Neutral Examiner of Plaintiff’s Facebook Account

Faced with a dispute over whether a defendant hospital was entitled to access to the plaintiff’s Facebook account, a Pennsylvania judge ordered that a “neutral expert” would be given access to search the plaintiff’s Facebook account for photos of her engaging in physical activity and for references to “snow” (due …

4th Amendment

Can the Government Search Your iPhone or iPad at the US Border?

Can Border Patrol rummage through the contents of your digital camera, laptop, smartphones, etc at the border? Yes, according to several recent cases and a broad exception to the Fourth Amendment (search and seizure). Read “Can They Search Your iPad or iPhone at the Border?” from the May 2013 Palm …

E-discovery

Defendants Want Social Media, Plaintiffs Want E-Discovery

In civil lawsuits, particularly those involving individuals as plaintiffs and businesses as defendants, lawyers on either side are turning to new discovery tools that they can use against their opponent without much fear of retribution.  Specifically, a defendant seeks a plaintiff’s social media.  Embarrassing and risky for the plaintiff, perhaps, …