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INTERNET LAW & STRATEGY

January 2011

So Much Social Media Data, So Little Guidance

By Stephen M. Prignano and Andrew P. Fishkin

All of our online social interaction has created mountains of personal information about users that, prior to the advent of social networking, would have been regarded as private and difficult to obtain. The potential usefulness of that data in litigation is obvious. With just a few mouse clicks, litigators can investigate the background and views of opposing parties and key witnesses as well as potential jurors. The prevalence of social networking data raises novel issues with respect to the use of this information in litigation.

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