Social media lawsuits increase
As social networking has increased, so have lawsuits stemming from sites like Facebook and Twitter.
According to Robert Half Legal, a legal staffing firm, 52 percent of 200 attorneys from large law firms nationwide reported an increase in lawsuits linked to information found on social media and mobile devices over the past two years.
“I think the biggest thing with social media, because so many people use it, it’s now a great way for attorneys to gather information on clients, other attorneys, witnesses and experts,” Marissa Ellis, a regional vice president with Robert Half.
That surge has had a variety of effects in the legal industry, from hiring and fact finding to helping businesses implement online policies for their employees.
The Robert Half survey was based on telephone interviews with lawyers from the largest law firms and companies in the United States. The survey also said that 27 percent of the respondents reported they are seeing more cases with personal media devices that employees use at work.
“Electronic evidence retrieved during discovery, including emails, tweets, text messages and photos, as well as GPS and web browsing history, is often enough to make or break a case,” said Charles Volkert, senior district president of Robert Half Legal.
Volkert said employers face inherent risks with employees using personal laptops, smartphones and tablets for work-related matters. He said companies need clear guidelines for employees to protect confidential information and guard against data leaks and cyber threats.
Randall S. Levine, a criminal defense attorney and managing partner at Levine & Levine in Kalamazoo, Mich., said social media has allowed him to add another layer of background research for court matters. But he said it can also raise risks for the firm.
“For those of us like myself who have law firms where we have employees who are actively involved in social media, there are obviously risks involved that they’re going to be involved in some way in litigation. There’s a requirement that policies be put into place so that employees are careful about what they say,” Levine said.