This 50 State 2014 Compendium is a valuable resource provided to our ALFA International Hospitality & Retail Practice Group members and participants. The Compendium is a survey of each state's laws on:
1. What means are available in your state to obtain social media evidence, including but not limited to, discovery requests and subpoenas? Can you give some examples of your typical discovery requests for social media?
2. Which, if any, limitations do your state’s laws impose on a party on obtaining social media evidence from an opposing party? Possible limitations include a privacy defense, relevance, etc.
3. What, if any, spoliation standards has your state’s Bar or courts set forth on social media for party litigants?
4. What standards have your state’s courts set for getting various types of social media into evidence? Please address relevance, authenticity, and whether any exclusionary rule might apply (e.g., Rules 404(a) or 802).
5. How have your State’s courts addressed an employer’s right to monitor employees’ social media use?
6. How have your State’s state or federal courts addressed limitations on employment terminations relating to social media?
These topics were selected by members of the Hospitality Practice Group Client Advisory Board. The Compendium was compiled from information submitted by attorneys in ALFA International member firms from across the country.
This compendium is meant as an overview. We hope you find the materials helpful. Should you have questions, please contact a member of the ALFA International Hospitality & Retail Practice Group who can provide the appropriate in-depth analysis.
District of Columbia
DISCLAIMER: Articles contained within this compendium provide information on general legal issues and are not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel.