Wednesday, September 26, 2012

Social Media increasingly being used as evidence


As if we haven't seen enough written about the need to exercise caution about what is being said in social media, another word of warning comes from Allen Smith, who recently interviewed David Osterman, a New Jersey attorney specializing in labor and human resources issues for a recent story in the Society for Human Resource Management website

While this news that social media is impacting what takes place in courtrooms probably isn't surprising to many, the details of the story bear attention in the article, Smith warns readers that:

"Social media has filtered into courtrooms, transforming jury selection; questioning of witnesses; interactions between jurors, lawyers and judges; and evidence. And employment litigation has been affected ..."

In the story, Osterman details how social media is being used to do advance research for jurors and witnesses, as well as how social media commentary is qualified as evidence in the courtroom. For those who want to protect their company from legal exposure or prepare a strong defense for cases that may go to trial, this story makes for good reading.

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