123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Nine Tips For Managing Social Media In E-discovery

By Author: Mark Andrews
Total Articles: 8

Connect GoalSocial media presents new challenges for in-house counsel when responding to discovery requests. There are numerous social media sites today, such as Twitter, Facebook, and LinkedIn, and all have different retention policies. This makes it difficult to assess the size of the data and its content, when it must be collected and reviewed for Legal Process Outsourcing and investigatory matters.

In response to in-house counsel's concern about social media, e-discovery solution providers are developing innovative, defensible, and cost-effective social media collection and preservation strategies. Here are nine tips from the experts to help manage risks and meet discovery obligations associated with social media.

1. Start preparing now. The Federal Rules of Civil Procedure state that "any type of information stored electronically" is discoverable, including data from social media. Corporations and counsel should start managing social media now to avoid being caught unprepared.

2. Issue litigation holds early. Timing is critical for proper preservation, so if litigation is anticipated, all relevant social media data should be identified immediately and litigation holds should be issued to account holders and service providers.

3. Obtain consent before collecting data. Social media data is usually retained solely by the service provider, and collecting it without consent of the user can violate federal or state wiretapping laws. Before attempting to access any information from a social networking site, make an effort to obtain the user’s consent or a court order.

4. Be prepared for security issues. When collecting from individual social media accounts, the e-discovery team will typically need to obtain the user’s consent or get a court order in order to access accounts. And, never "false friend" in in order to gain access and surreptitiously collect data. The courts frown upon this practice.

5. Leverage a service provider to collect and review. Social media data collection is similar to existing web collection practices and often utilizes page captures or web crawlers. The volume of data within any given social media account can be overwhelming and will typically require a significant amount of culling to uncover any case-related data. Simple web crawls or screen captures will make life difficult when the time comes to cull out posts that are not relevant to the matter at hand. In light of these challenges, it is best to retain an expert consultant to ensure a seamless process.

6. Organize, document and identify. It is important to identify potentially relevant social media sources and organize all of the accounts, keywords and date ranges that need to be preserved as early as possible.

7. Consider pertinent laws, such as the Stored Communications Act. For example, the Stored Communications Act (SCA) prohibits "Electronic Communication" and "Remote Computing" providers from divulging the content of its users' communications and data. It is important to know the laws that could impact your social media collection and preservation strategy.


8. Don't ban use of social media outright. Social media is a valuable tool for marketing products and connecting with consumers, so companies should not ban usage.


9. Craft proactive policies that encourage prudent posting. In order to leverage the benefits of social media while mitigating the risks it poses for litigation, companies and counsel should craft policies that manage employee use of social media.


Social media is a complex issue in the e-discovery process. Understanding the nuances and preparing for potential issues will help LPO teams to better manage investigations and e-discovery collections.


Check more info about: IP Conference And Lawyers events newyork

Total Views: 85Word Count: 570See All articles From Author

Legal Articles

1. Choosing The Right Law Firm Cyprus
Author: Gabriel Fulton

2. Tips On Choosing Larnaca Lawyers
Author: Gabriel Fulton

3. Tips On How To Do Fssai Registration Online
Author: chetan kamble

4. What To Look For In Litigation Lawyers Cyprus
Author: Gabriel Fulton

5. 2 Important Things Every Resident Should Know About The Bankruptcy Lawyers In Pa
Author: Howard N Sobel

6. Learn Exactly When You Need A Pennsylvania Personal Injury Attorney?
Author: Howard N Sobel

7. Questions To Ask Your Personal Injury Attorney Before Hiring Them
Author: Daniel Estes

8. Benefits Of Hiring A Tax Lawyer
Author: Lester Ong

9. Dallas Plumbing Maintenance Tips You Need To Keep An Eye On For Home Safety
Author: John DiFrancesco

10. Which Information Should Be Covered In A Rental Lease Agreement Format?
Author: Carl Glendon

11. A Few Bunches Of Queries To Ask Your Nj Personal Injury Attorney
Author: Andrew Bronsnick

12. Call A Personal Injury Layer In Orange County
Author: Marcus McGowan

13. The Best Advocate In Mumbai Helps You File Civil Lawsuits
Author: Piya Singh

14. What Mistakes Your Personal Injury Lawyer Nj Wants You To Skip?
Author: Howard Sobel

15. Know The Process Of Your Accident Case By Nj Motor Vehicle Accident Lawyer
Author: Andrew Bronsnick

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: