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Do employees have a reasonable expectation of privacy when writing personal emails on company-issued PDAs? How about when the employee tweets from a personal Twitter account on a company-issued laptop? Should an employee expect to have her entire Yahoo email account searched for document production purposes if she periodically conducts company business from that account? Does it and should it matter if the employee is in her office, commuting to work, or on her couch at home? These are just some of the questions outside and inside counsel find themselves asking with the explosion of social networking sites, text messaging and other novel forms of communication and as litigants become increasingly aggressive in seeking personal electronic material to bolster their claims.

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