BY DAVID J. GOLDSTONE and DANIEL B. REAGAN
Social networking, mobile devices, and cloud computing are enabling new forms of commerce and communication. In turn, businesses, regulators, and courts are confronting the expanded role of social media and cloud services in litigation and investigations and particularly the privacy issues raised by seeking social media and cloud-based content for litigation. Legal rights to access this information will have to be balanced with privacy rights under contracts, common law rights, statutes and the Constitution. The precise contours of that balance is still evolving. Because some recent cases that have been decided may provide guidance about how such a calculus is beginning to be performed, we have summarized recent cases below. Read the Entire Article.