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April 3, 2013 / Media Mention

Jodka quoted in Law360 article about sanctions for deleted Facebook pages

Sara Jodka, an attorney in Porter Wright's Labor and Employment Department, was recently quoted by www.Law360.com on April 1, 2013, in its article titled "Sanctions for deleted Facebook give employers a boost."

From Law360, Abigail Rubenstein reporting:
"A New Jersey federal judge recently ruled that a personal injury plaintiff's deletion of his Facebook account amounted to the destruction of evidence, a decision hailed by employment attorneys, who say it shows that social media access is fair game in litigation and that workers who try to conceal their online lives will pay a high price."

... “'This case reiterates the point that preservation of social media information is going to be crucial, and that to the extent that plaintiffs spoliate by deactivating or deleting not only posts, but also accounts, courts are willing to sanction them,' Sara Jodka of Porter Wright Morris & Arthur LLP said. 'Plaintiffs are not getting a free pass anymore because [electronically stored information] is no longer new.'

'If information is deleted that is relevant to the lawsuit, there will be consequences,' she said."