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:  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)  an article by a member of the firm Fraser Milner Casgrain, a Canadian business litigation firm 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.