Internet Law Commentary

Law and Technology from a Palm Beach lawyer


Ten Steps to Facebook 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… Read More

2013 Florida Discovery Handbook

A reliable resource for all discovery issues, the 2013 edition of the Florida Discovery handbook includes a chapter on e-retention, e-discovery, ESI, and Florida’s new Rules of Civil Procedure. The Handbook is here.

Spying Spouses: Social Media & Divorce / Family Law


  Thanks to the Palm Beach County Bar Association’s Family Law CLE Committee for inviting me to speak at the “Spying Spouses” seminar today. The materials for my section on “Family Law Discovery: Social Media and E-Discovery” is here. We discussed: * mistakes that lawyers make in e-discovery and social media discovery; * protection for… Read More

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, but likely the defendant-corporation has… Read More

2013 Florida E-Discovery Seminar


Special thanks to the Palm Beach County Bar Association for hosting the CLE, 2013 Florida E-Discovery Seminar.   This seminar discusses: 1.  Top Ten Things to Know About E-Discovery (from Chin to Zublake, Litigation Hold Letters to Predictive Coding) 2.  New Florida E-Discovery Rules (SC11-1542) 3.  Sample Litigation Hold, Responses, Internal Letters 4.  Social Media… Read More

Fawcett v. Altieri: A New York Court Gets Social Media Discovery All Wrong

A New York court has held that, based on a “survey of social media case,” that there is a two prong test for production of Facebook content which includes developing facts before conducting certain discovery.  The court notes that Facebook production is “tantamount to a costly, time consuming fishing expedition…”  Moreover, the decision discusses privacy… Read More

Lawyers in the Cloud


Considering using “cloud” storage for your law firm?  Or do you already use services like DropBox and GoogleDrive to transmit large attachments via email links?  Increasingly, lawyers like everyone else are moving towards the cloud.  Is it safe? What do you need to know before you commit?  If you already have a cloud service, what… Read More

Digital Photos Have Metadata Too

Gear Lever

Lawyers and businesses overlyfocused on e-discovery often raise interest in other parties’ metadata (as well as concern about their own).  Good practices call for companies and firms to scrub email attachments before sending.  But digital photos are often forgotten and, worse, overlooked by common scrubbing software.   Even in our personal lives, metadata on our… Read More