Gone Viral: Social Media in eDiscovery

whitepaper

Summary

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

Whitepaper Download

Fill out the form below to download the complete whitepaper

About the Author

Matthew Verga is an attorney, consultant, and eDiscovery expert proficient at leveraging his legal experience, his technical knowledge, and his communication skills to make complex eDiscovery topics accessible to diverse audiences. A fifteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level, from the project trenches to enterprise program design. As Director of Education for Consilio, he leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

Matthew Verga, Esq.

Director of Education

From the author

When the Needles Aren’t in the Haystack: Off-Channel Communications

When the Needles Aren’t in the Haystack: Off-Channel Communications

Never have there been so many communication devices, apps, and services available for use by employees, and employees helping themselves to these options can create significant identification, preservation, and collection challenges

In Case You Missed It: eDiscovery and Education in 2022

In Case You Missed It: eDiscovery and Education in 2022

From questions of intent, to challenging sources, to privacy concerns, 2022 has been another year of adaptation and evolution in eDiscovery

When the Game is Afoot: Investigations and eDiscovery

The majority of eDiscovery work takes place in the context of litigation, but a significant amount of it takes place instead in the context of investigations. Although the available ESI and eDiscovery technologies are the same, the realities of handling investigations can be different in some ways important ways.

Measuring Success: Corporate Counsel Guide to Metrics-Based Management

The metrics-tracking legal department gains actionable insights that it can apply not only to internal operations but also to broader, corporate-wide assessments that impact decision-making.