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Can social media be used in business litigation?

Social media has moved beyond just personal fulfillment. These days, many businesses make use of social networks to stay connected to their customers and offer important information on goods and services. However, social media can also play a role in business litigation, as illustrated by some recent cases. If you are a business owner in Colorado, it’s important to know how social media may impact your enterprise in the event of a lawsuit.

The National Law Review lists a few examples of courts requesting access to social media accounts to investigate pending litigation. In one case, a person alleging sexual harassment in the workplace was ordered by the court to turn over social media posts at the urging of the defendant. The aim was to show that the allegations of harassment were unfounded and that any suffering claimed by the person making the allegation was due to other circumstances.

Based on cases like this and others, legal professionals surmise that the social media litigation trend will continue well into the future. Breach of contract cases are just one possible situation where social media posts may be requested, as well as cases involving intellectual property infringement. Social media has also been used in injury cases to illustrate the extent which the alleged injuries impacted a worker’s life in general.

If you look at recent statistics on social media usage, you can see why it plays such a defining role in business. Facebook is extremely popular, with 63 percent of users frequenting the site at least once on a daily basis. Additionally, up to 42 percent of people are a part of multiple social networks, which can include Twitter, LinkedIn and YouTube.


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Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.