Last Friday I was at a CLE at the Alluvian in Greenwood and one of the speakers, Professor Debbie Bell of the Ole Miss Law School raised the question:  Is removing information from Facebook or other social media spoilation of evidence?

Since this followed on the heels of the “going viral” incident that I experienced in a mediation last week, I thought I’d follow up and here is what I found in a short (5 minute or so) search:

http://www.jetlaw.org/?p=9624  a link to an article in Vanderbilt’s Journal of Entertainment and Technology Law about a very noteworthy case from Virginia:  Lester v. Allied Concrete Co., No. CL 08-150 (Va. Cir. Ct. Oct 21, 2011)

http://www.jdsupra.com/post/documentViewer.aspx?fid=52718076-2e7f-4016-8caf-6e0d9dd6fa4e  an article by a member of the firm Fraser Milner Casgrain, a Canadian business litigation firm

http://www.metrocorpcounsel.com/articles/18347/facebook-page-worth-your-job-e-discovery-and-spoliation-age-social-media an article by the Metropolitan Corporate Counsel (Stradley Ronon Stevens & Young, LLP)

The moral to the story is that social media evidence is a type of electronic evidence and different courts are weighing in on the issue in a variety of ways.  We simply need to pay attention for reasons of discovery and/or the tort of spoilation.

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