McKenna & Starin, PLLC

10/12/2023

The State Bar of Montana selects Sydney “Syd” McKenna of McKenna & Starin to speak about appellate practice at the Women’s Law Section CLE with Supreme Court Justices Elizabeth Baker, Laurie McKinnon, Ingrid Gustafson, and Cyndee Peterson the Criminal Chief at the Montana US Attorney’s Office.

05/10/2022

https://missoulian.com/opinion/columnists/ingrid-gustafson-the-resilient-integrity-of-justice-in-montana/article_885ee404-3cd2-5d05-b181-4247e3dd77b2.html

America is exceptional because, unlike Russia, China and so many other countries, it has always been served by an independent, co-equal judicial branch, committed to the rule of law.

03/02/2021

Experienced, knowledgeable and ready to work for you. Get to know more about McKenna & Starin Trial Attorneys

09/20/2017

Sydney McKenna was selected to be a featured trial presenter at Masters in Trial.

02/12/2016

ARE FACEBOOK POSTS DISCOVERABLE?

In September 2015 Facebook had on average “1.01 billion daily active users.” It is mind boggling just how much personal information is shared each day on social media. So the question is: Are Facebook posts discoverable in a Montana lawsuit? It is safest to assume the answer is yes. This means that each side of a lawsuit must reveal to the other side his or her Facebook posts when asked.

While the Montana Supreme Court has yet to address the issue, recently the Montana’s Workers’ Compensation Court concluded “that no social media privilege exists and that private Facebook posts are discoverable.” Before ruling, the Workers’ Compensation Court reviewed law and commentary from several other sources, one of which wrote: “A person who uses privacy settings on Facebook is no different than a person who shares letters only with his or her closest friends. If the information in those letters is relevant, it must be produced. The person with custody of the letters cannot refuse to provide them on the grounds that they were meant to be a secret.”

As time passes, Montana’s courts will likely develop a body of law surrounding social media that will give us more direction, but for now, it is safe to assume that Facebook and other social media posts are discoverable.

09/30/2014

Here is a good opinion piece in the LA Times about the Forest Services proposed photography regulations.

Early last month the U.S. Forest Service posted a proposed regulation that seemed to set the stage for government control of journalists’ access to public lands, with the added insult of wanting to charge hikers for photographing or filming their experiences in public wilderness areas.