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Courts increasingly regard social media as potentially dispositive evidence in litigation. Destruction of this information will amount to spoliation, monetary sanctions and the proverbial "kiss of death" for even experienced litigators.

By Jeffrey M. Brenner | Updated on July 31, 2013

Social media continues to impact our lives in various ways. In recent years, it has left an indelible mark in court proceedings. This has opened a Pandora’s box in terms of using social media information as evidence while respecting users’ privacy rights.

Adding another layer of complexity is how to preserve and protect this social media “evidence.” In some instances, this may entail preventing a Facebook user from deleting his or her account or digital photo albums. In others, such as the case examples we review here, the restrictions can be far more elaborate, the penalties for disobedience far greater. That’s because the destruction or ”spoliation” of evidence can not only undermine one’s defense but also a litigator’s career, culminating in severe sanctions. 

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