social media discovery

Social Media Archiving: Someone is Saving Your Social Media. Shouldn’t You?

Social Media Archiving: Someone is Saving Your Social Media. Shouldn’t You? 150 150 Jason Krause

Social media only seems vaporous. You may not remember posting that photo from your bachelor’s or bachelorette party, but it’s out there. And no one in your company may remember that social media campaign from a few years ago, or Tweets your marketing department made for a long ago product launch. But someone on the…

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Social Media Discovery: 8 Ways Social Media Gets Lawyers in Trouble

Social Media Discovery: 8 Ways Social Media Gets Lawyers in Trouble 150 150 Jason Krause

We get it. Social media is not something most lawyers think about every day. According to the most recent ABA Legal Technology Survey Report, only 11 percent of attorneys use Twitter professionally. But as social media is now central to more and more matters, lawyers need to think about the ways Facebook, Twitter, and other sites…

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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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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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Courts Set the Bar for Social Media Discovery

Courts Set the Bar for Social Media Discovery 150 150 Jason Krause

Being in the legal technology field can be frustrating. Technology changes fast but the law moves slowly, deliberately, and often in convoluted ways. You have to somehow stay ahead of the technology curve while waiting for the courts to catch up. It wasn’t until 2006 that federal courts were able to get the basic rules…

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How Not to Do Social Media Archiving

How Not to Do Social Media Archiving 150 150 Jason Krause

As it begins to dawn on people that social media is discoverable for litigation, it’s tempting to think that tweets, posts, and content can simply be downloaded from the provider. For example, The New York Times recently reported that Twitter is working on a way to retrieve old, expired tweets, and Facebook already has mechanisms…

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CEO of CMP.LY Talks Social Media Disclosure

CEO of CMP.LY Talks Social Media Disclosure 150 150 Michael Beumer

Nextpoint’s Expert Witness is a feature offering insights from lawyers, technologists, law enforcement, entrepreneurs, and other interesting people influencing our industry and world. Check back regularly for thought-provoking expert opinions.   Tom Chernaik Tom Chernaik is CEO of CMP.LY. The company’s unique disclosure solution is built on a foundation of Tom’s experience and insights in…

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5 Steps to Forensically Sound Social Media Archives

5 Steps to Forensically Sound Social Media Archives 150 150 Jason Krause

Last week, Michelle Sherman outlined the legal obligations and emerging case law regarding social media and eDiscovery. Once an organization has internalized and put these considerations into policy, there is then the practical issues involved in actually preserving social media content and archiving the material. No matter which vendor performs this role, there are a…

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The Four Corners of Social Media and eDiscovery

The Four Corners of Social Media and eDiscovery 150 150 nextpointguest

GUEST POST BY: Michelle Sherman Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a 2010 study, numbers on the conservative side show that 65 percent of Fortune Global 100 companies have active Twitter accounts, and 54 percent have Facebook fan pages. One third of these companies have a…

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How Hard is Authenticating Social Media Evidence?

How Hard is Authenticating Social Media Evidence? 150 150 Jason Krause

In the world of eDiscovery, it seems that there’s no end to alarmist editorializing about the next looming problem law firms and corporations have to grapple over. Authenticating social media is clearly one of those topics, seen here, here, and here. Of course, social media is a real and emerging complication to the eDiscovery landscape,…

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