In the age of Facebook, Twitter, and the like, businesses of all sizes need to be aware of their rights and responsibilities when it comes to social media, write Goldberg Segalla attorneys Theodore Ucinski III and Jamie R. Prisco in the New York Law Journal. In the piece, Ted and Jamie go over the current legal landscape and offer practical tips on how to manage social media in the event of litigation.
“It is recommended that once a business foresees litigation, they do not update their social media accounts (or at the very least save the unaltered information), as a court could determine the change amounts due to spoliation, and the business could be subject to monetary sanctions or worse,” they write. “Moreover, businesses should not publically address anything that could relate to an accident or injury in any way via social media.” The pair also share insight on how to deal with photographs and even the different document types commonly found on websites and social media accounts.
“Our retail clients of every size use social media in some form or another,” they note. “As such, businesses must learn how to prevent their social media usage from being used as evidence against them during litigation and it is our job to help them do that.”