Collection

Social Media eDiscovery Gets Serious

Social Media eDiscovery Gets Serious 150 150 Jason Krause

It’s official—failure to produce social media evidence in eDiscovery is a serious and punishable sin. In the ongoing case EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court has hammered a federal agency for failure to produce social media in a timely manner. Or as the opinion has it, for engaging in…

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Social Media in the Law – Facebook Now Serving Subpoenas

Social Media in the Law – Facebook Now Serving Subpoenas 150 150 Jason Krause

As we’ve noted before, being Facebook friends with lawyers and judges can have all kinds of unexpected ethical implications. Now, it could get you served with legal summons. Social media is becoming increasingly important to the practice of law. A proposed bill in Texas would allow defendants to be served notice of a lawsuit through social…

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Can Courts be Friends with Facebook?

Can Courts be Friends with Facebook? 150 150 Jason Krause

Sometimes it seems like the legal profession will always have a tortured relationship with social media. Writing for the ABA Journal, Deb Cassens Weiss quipped that “judges have to be judicious” when using Facebook. To underscore that fact, the ABA has now published an ethics opinion, warning that judges who use social networking have to follow the…

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How to Get Social Media Evidence Into Court

How to Get Social Media Evidence Into Court 150 150 Jason Krause

One of the worst things that can happen to a case in its early stages is to have a judge deny a discovery request. Evidence is the foundation of any matter, and to lose any source of information is a potential case killer. Unfortunately, in a number of reported cases, lawyers are making basic mistakes…

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Social Media Case Law: The Sequel

Social Media Case Law: The Sequel 150 150 Jason Krause

The big budget movies playing right now include the fifth Die Hard movie, the 23rd James Bond movie, the fourth Hobbit-themed movie, and a 3D re-release of 1986’s Top Gun. Clearly, Hollywood has little interest in originality. Lawyers don’t get much credit for being original or daring thinkers; but in fact, when there is a new area…

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The Looming Social Media Mess for Law Firms

The Looming Social Media Mess for Law Firms 150 150 Jason Krause

In a recent interview, sports and entertainment reporter Chris Connelly talked about how he became an active social media user for his job. “I just got the feeling that my esteemed corporate overlords kinda wanted people on Twitter,” he said. However, he notes that despite this vague directive, there is little control over the use…

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2012 Social Media Case Law in Review: Courts Get in Touch With Your Feelings

2012 Social Media Case Law in Review: Courts Get in Touch With Your Feelings 150 150 Jason Krause

Not too long ago, lawyers could honestly say that they didn’t know if social media was discoverable for litigation. This year, courts have moved well past that question, granting broad discovery from Twitter, Facebook, and any other social media outlets. The focus this year was mainly on details of social media discovery, like whether social…

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Nextpoint’s Social Media Archiving Solution Scores A+ in Technolawyer Review

Nextpoint’s Social Media Archiving Solution Scores A+ in Technolawyer Review 150 150 Jason Krause

In a recently published, in-depth software review, TechnoLawyer awarded Nextpoint’s Cloud Preservation website and social media archiving platform a perfect A+ score. The review was written by Bruce Olson, a nationally recognized legal technologist, Certified Computer Examiner, and co-author of the best-selling Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines. You can download and read the entire review here: Nextpoint Review in TechnoLawyer. Cloud…

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Sharepoint eDiscovery: Preserving Cloud and Sharepoint Data for Litigation

Sharepoint eDiscovery: Preserving Cloud and Sharepoint Data for Litigation 150 150 Jason Krause

We all know that big data is not only threatening to break corporate IT budgets, but threatens to overwhelm the legal system. As organizations try to solve one problem, like controlling ownership of data, they inevitably create new headaches for the legal department. These self-inflicted wounds are probably inevitable to some degree in the data-intensive…

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Smarter Student Athlete Social Media Monitoring

Smarter Student Athlete Social Media Monitoring 150 150 Jason Krause

The Washington State Cougars football team is winless and in last place in the Pac-12 Conference, including a 52-26 beatdown by national powerhouse Oregon. However, the team does seem to think it can beat one challenger off the field- Twitter. Last week, coach Mike Leach banned his players from using Twitter, telling reporters,“Twitter is now banned…

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