October 19, 2021

Volume XI, Number 292

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October 19, 2021

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October 18, 2021

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Entertainers, Facebook Messages and the Work-Product Doctrine?

A federal district court in New York recently ruled that Facebook messages sent by plaintiffin anticipation of litigation were eligible for qualified protection under the “work-product” doctrine (meaning they would be shielded from disclosure). Plaintiffs were former entertainers at the Penthouse Executive Club, and brought a collective action alleging the defendants failed to pay minimum wages and overtime compensation. The messages, sent to potential class members, reflected conversations with plaintiffs’ counsel regarding litigation strategy. The communications also included responses to specific questions about the lawsuit. However, reply messages from nonparties were not shielded from disclosure.

 

The Discovery Order provides a perfect example of how employee use (and misuse) of Social Media sites like Facebook or LinkedIn continues to saturate the workplace.

The decision can be accessed here

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume II, Number 176
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About this Author

Barnes & Thornburg’s Labor and Employment Law Department is one of the fastest-growing labor groups in the nation. Two qualities set us apart: Our passion for what we do, and the pride we take in helping clients achieve their business goals. To succeed in the competitive global marketplace, our clients must not only meet but exceed their customers’ expectations. We share this objective, offering superior service, innovative ideas and an understanding of the challenges our clients face.

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