Alert the press — the worlds of social media and litigation have officially collided. Social media has taken litigation on the same zany ride as it has traditional means of communication, employee recruitment and management, and brand marketing and advertising. The purpose of social media is to allow individuals and businesses alike to connect with others, build relationships, share information, and contribute to discussions.
Today, these discussions and connections intersect with the world of litigation in many contexts. Employees are suing former employers who used social media posts as the reason for termination of employment. Individuals are using posts and activities in divorce and custody cases. Intellectual property cases are won or lost on the information divulged on or violations found on social media sites. While the impact of social media on litigation was slow to start, it is now being felt even by businesses and individuals who are not actively in the social media game. While they may not realize it, they DO have a presence on social media — they are just not crafting or in control of their own images and messages.