Facebook and MySpace Expert Witnesses
The day is rapidly approaching when the first Facebook and MySpace employment-related lawsuits will reach the trial courts. The plaintiff lawyers will have various legal arguments in favor of their clients, the fired employees or candidates who were rejected as a result of what they wrote, photos they posted, or other information they shared on social networking sites such as Facebook and MySpace. These arguments may include Invasion of Privacy, Terms of Service violations, Fair Credit Reporting Act violations, and others.
I’ve been approached by lawyers who are looking for expert witnesses for these cases. As a fully recovered attorney, I understand the need for the lawyers representing the employees and employers to have expert witnesses on their side to help educate the jury or court about issues such as what these sites are, how they’re used, and perhaps even how they should be used. I can think of an employment lawyer who is quite knowledgeable about these issues, but I’m not sure if one practicing lawyer would want to use another practicing lawyer as an expert witness. I know that there have to be more people out there than just me who have the ability to serve as an expert witness in wrongful termination or other such employment-related Facebook / MySpace lawsuit. But who?