Allyson Haynes Stuart, Finding Privacy in a Sea of Electronic Discovery

Allyson Haynes Stuart, Finding Privacy in a Sea of Electronic Discovery

PLSC 2013

Workshop draft abstract:

In November of 2011, a Connecticut judge ordered lawyers representing a divorcing couple to exchange passwords to their client’s Facebook and dating websites.  In contrast, a California judge rejected Home Depot’s attempt to gain broad access to social network posts made by a former employee who sued the company.  What standards are courts applying to the discovery of social media evidence?  Is there any bite to the argument that, even if relevant, certain electronic discovery should be shielded from compelled disclosure because of privacy considerations under Fed. R. Civ. P. 26 (b) or (c)?