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The rest of the world is often amazed—appalled, really—at what we allow to go on in American e-discovery. Our rules allow broad-based discovery that simply would not be tolerated in other parts of the world. On the other hand, Americans argue we uphold the rights of litigants to get the evidence they need to try their cases.

But, even we Americans have our limits.

In a recent decision, Facebook, Inc. v. Superior Court, a California appellate court reversed a trial court in a case involving the production of Facebook and Instagram data, holding the lower court erred in ordering the social media companies to turn over the user data of an alleged murder victim and a witness in the case.

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