As the number and types of collaborative networking sites proliferate, social media is becoming an increasingly valuable tool in dispute resolutions of all types. From personal injury and divorce to insider trading and other criminal proceedings, it is opening new evidentiary leads that can win the day for the diligent sleuth. “Social media is an online treasure chest of discoverable evidence,” says Ethan Wall, an attorney at Richman Greer in Miami who specializes in internet-related litigation. It is especially valuable in employment cases, in which organizations and their workforces battle over discrimination and free speech issues. Recently, the National Labor Relations Board, the adjudicator of US labor practices, has taken a keen interest in employer social media policies, releasing a series of advisory opinions that define their acceptable scope. In this ACEDS Podcast, Wall explains the impact of these opinions, tells why social media is more dynamic than other forms of evidence, and shows what organizations can do to protect themselves from the risks it creates.
Social media is ‘critical piece of evidence’ in employment disputes, says Richman Greer’s WallMarch 6, 2013