However, the right to obtain discovery and its actual use to support a claim or defense are two very different battles. In the employment law context, once an employer has obtained social media evidence (whether through discovery or from its own investigation) the question becomes: How is this evidence actually used—if at all—in the course of litigation? Several recent cases around the country have demonstrated unique or creative ways in which social media evidence has been used to either support or defend a claim of employment discrimination.
Read more: http://www.newyorklawjournal.com/id=1202673602966/Cases-Illustrate-Creative-Uses-of-Social-Media-Evidence#ixzz3Gq5BKwGh