Written by Maurice Recchia | New York Law Journal, February 2018.

Court of Appeals Declares Facebook 'Private Data' and Other Social Media Subject to Discovery

The New York Court of Appeals has issued an unequivocal declaration that even materials deemed “private” by a Facebook user are subject to discovery, if they contain material relevant to the issues in controversy in litigation. In the decision, the court also reiterates general principles of liberal discovery applicable to all cases and controversies, not just those involving social media material.