As more lawsuits include plaintiffs’ social media electronically stored information (ESI) in discovery, such data is a potential goldmine to support the defense. But as lawyers dig for more of this data, they are also exposed to lingering collection and preservation challenges.

When such data is relevant, defense attorneys regularly request plaintiffs’ social media ESI to refute alleged harms, lawyers said. As the trend to bring this data into litigation grows, it may deter more meritless cases.