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Private Facebook Profiles Are Not Private in Lawsuits

Commercial Litigation

Franklin Zemel and Ariel R. Deray

Franklin Zemel and Ariel Deray, members of the Firm’s Commercial Litigation Practice, authored this article in the Daily Business Review. Franklin and Ariel discuss a recent opinion in Forman v. Henkin, in which the court decided that information posted on a user’s private Facebook profile is discoverable.

“Social media discovery is no different than traditional paper discovery—it is governed by the same rules of civil procedure, which require the party advancing the discovery to demonstrate the relevance of the information sought. In other words, a party’s entire private Facebook account does not automatically become discoverable just because that party is involved in litigation,” wrote Franklin and Ariel. “That said, we can all look forward to private social media profiles being sought as a commonplace discovery tool.”

To read the full article, click here.