Category Archives: Social media

Burn After Reading: The Challenge of eDiscovery in Self-Destruct Messaging Environment

By | January 8, 2020

Self-Destruct messaging technology also known as “ephemeral” messaging allows users to send temporary electronic messages, pictures, videos and other electronic communications over the internet. The messages are programmed to self-delete after being read or viewed by the recipient. The messages are temporary by nature and design. Examples of ephemeral messaging apps include Snapchat, Telegram, Confide,… Read More »

Legal Approach to E-Discovery of Facebook Evidence in Civil Litigation

By | January 8, 2020

As was noted in the previous blog, ethical rules impose limits on a lawyer’s informal discovery of evidence in the private Facebook profile of an opposing party in litigation especially where such party is represented by a lawyer. In situations where such ethical rules prevail, access to the private profile can only be undertaken through… Read More »

Ethical Issues in e-Discovery of Facebook Evidence

By | January 8, 2020

In the previous blog, it was noted that the overwhelming interest by litigating counsel in e-discovery of Facebook evidence in civil litigation gives rise to some ethical concerns. McPeak (2014) has noted that these ethical concerns arise in the context of rules of professional conduct relating to (1) the duty of a lawyer to investigate… Read More »

Electronic Discovery of Facebook Evidence in Civil Litigation

By | January 8, 2020

With about 1.79 billion monthly active users in late 2016, Facebook is undisputedly the most active and popular social network worldwide. This popularity makes Facebook a veritable source for evidentiary discovery in civil litigation. Increasing number of litigants and litigating counsel are turning to Facebook for important evidentiary information about opposing parties in family, labour,… Read More »