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How Social Media is Playing an Increasingly Prominent Role in Business Litigation

smMost businesses big and small today have built up a social media presence of some kind in recent years. Whether through Facebook and Twitter or YouTube and LinkedIn, an effective social media strategy has become one of the best ways to promote one’s brand and engage customers.

In recent years, however, social media has gained another purpose — providing evidence for business litigation cases.

According to a June 27 National Law Review article, the fact that many people use their social media accounts as a “journal or diary in the past to record their daily thoughts, feelings and actions,” these posts are frequently requested in court during employment discrimination and personal injury cases to help provide evidence on the plaintiff’s behalf.

“Courts have often allowed (and even compelled) requests for social media documentation of a party’s emotions and mental state or post-termination employment and financial condition,” the National Law Review article states.

Because companies are decidedly less likely to bare their souls on their social media accounts, using a commercial social media accounts’ posts as evidence in a case is much less likely, the National Law Review explains.

As the realm of possibilities for using social media as evidence in the courtroom continue to expand, it’s clear that your next Facebook status could very well be used to help support your case if you ever enter a business litigation trial.



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