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Brian Radnoff (Partner, Toronto) was quoted for an article titled “Gathering social media as evidence in e-Discovery” for Canadian Lawyer Magazine, discussing what the use of social media as evidence in litigation entails. In such cases, in-house and external counsel must work together to ensure proper extraction of the post, with its metadata unaltered. Discovery plans should cover specific details on what evidence is to be produced and preserved from social media, and be agreed upon by both parties.
“When individuals are suing large companies, particularly in claims that involve personal injuries, social media is often a fruitful avenue of discovery for the companies,” says Radnoff. “You want to make sure you get what you need from the discovery plan and there isn’t some dispute about what the other party is going to produce.”
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