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The New and Growing Use of Social Media in Litigation

Keeping information private, whether from the Government, advertisers or employers, has become an increasingly difficult task, and the ever-increasing prevalence of social media (e.g., Facebook, Twitter, Instagram, LinkedIn, etc.) has led to unforeseen outcomes for many litigants. In the family law context social media have become significant weapons in child custody battles. For example, the admission of Facebook posts into evidence is blurring the lines between what courts once considered hearsay and what they now deem to be admissible evidence. ┬áRecently, and for the first time in New York, a…
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