E-Discovery: Riding herd on social media ESI

http://ow.ly/7V2oo

An article by Susanna Sharpe posted on the Source website.

This blog post discusses social media, and provides warning to users that social media posts can be subject to eDiscovery requests.  The post discusses an article by Michael Collyard published by Inside Counsel in October, and provides a link to the referenced article.

Ms. Sharpe's post offers the certain tips, based on Mr. Collyard's article, including the following:

• The Federal Rule of Civil Procedure allows for the discovery of social media ESI which is non-privileged
• Courts view social media as just another form of ESI and eDiscovery generally isn’t deemed to have violated rights to privacy
• There are a number of difficulties with collecting data from social media, largely because it is mostly stored on third-party servers, earlier versions are easily lost and it is difficult to gain access because of privacy settings