http://ow.ly/7p4WD
An article on the blog eDiscovery Law & Tech posted by John Patzakis.
This article discusses a Duke Law Journal article from 2010 written by Dan H. Willoughby, Jr., Rose Hunter Jones, and Gregory R. Antine regarding eDiscovery sanctions. A link to the article is provided by Mr. Patzakis.
The author of the blog post states that further research was conducted following up from the aforementioned article, and such research was aimed at finding cases specifically involving at least some form of social media network evidence as part of the case. The blog post states, "From January 1, 2010 through November 1, 2011, 674 state and federal court cases with written decisions available online have involved social media evidence in some capacity.
The search was limited to the top four social networking sites and the tally came out as follows: Myspace (326 cases), Facebook (262), Twitter (49) LinkedIn (37)."
The author further states that the most common practice for introducing this evidence was through screen capture shots. As further noted in the blog post, this is a concern, "In several dozen cases the court addressed, and in several instances sustained, objections to the evidentiary authentication of social media evidence. This reaffirms that the authentication of social media evidence without best practices technology is a major concern."
P.S. From the Duke Law Journal article, regarding eDiscovery sanctions:
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