Social Media and Electronic Discovery: A Potential Source of Evidence in Bankruptcy Proceedings

Abstract

This article is the second in a series about electronic discovery in bankruptcy. The first article covered the basics of electronic discovery, including history, rules and resources. This article will discuss the discoverability of information found on social media sites such as Facebook, YouTube and LinkedIn, and how these sites can be rich sources of evidence for bankruptcy cases. Future articles will apply electronic discovery principles to bankruptcy law practice, review current technologies that can assist with electronic discovery before and during litigation and introduce examples where the failure to handle the electronic discovery process properly resulted in sanctions and the lessons that can be learned from these examples.