New York's highest court recently held that social media
users may be required to turn over information from their
accounts—regardless of the user's chosen privacy
settings—as part of the discovery process (Forman v.
Henkin). This decision will likely prove useful to employers
both in and outside New York, who often seek disclosure of their
opponents' posts on Facebook or other social media during
litigation with their employees.
Private Facebook Posts Become Critical Evidence
The case arose after a woman named Kelly Forman was injured in a
horseback-riding accident. She sued the horse's owner, Mark
Henkin, for damages allegedly caused by the mishap, including
spinal and traumatic brain injuries. She claimed the injuries led
to cognitive defects that impaired her ability to communicate and
resulted in social isolation. At her deposition, Forman testified
that, prior to the accident, she often documented her life on
Facebook, but that her injuries made it
