Consilio Advanced Learning Institute

Gone Viral: Social Media in eDiscovery



As a review of almost any day’s news will demonstrate, social media remains an influential, indispensable part of American life – for better or for worse. Our usage of social media has grown dramatically over the past sixteen years, and our high rate of usage has continued, without abatement, “[d]espite a string of controversies and the public’s relatively negative sentiments about aspects of social media.” Moreover, as social media has been working its way ever deeper into our relationships, our professional activities, and our culture as a whole, its impact on discovery has been growing as well.

In 2015, the first explicit reference to social media appeared in the FRCP, as part of the Advisory Committee’s Notes to the December 2015 Amendments. Since then, many new cases involving social media evidence have appeared each year, and the vast majority of law firms have handled at least some cases involving such evidence. Unfortunately, the nature, diversity, and volume of social media materials continue to present a variety of technical and legal challenges for practitioners. In this free white paper, Consilio Director of Education Matthew Verga, Esq., will review the things practitioners need to know about dealing with social media in eDiscovery.

In this Whitepaper

  • Sources and Their Contents
  • Discovery and Collection
  • Spoliation Outcomes

Key Insights

  • Self-Help Collection Risks
  • A Divide on Authentication
  • Potential Limits of Reliability

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