The Evolving Trends of Social Media eDiscovery: Tidbits from the Masters Series 2012 in San Francisco

http://ow.ly/asISL

An article by Kevin L. Nichols regarding information provided at the recent Masters Conference in San Francisco regarding eDiscovery and social media.

The article states, "Further, social media’s role in litigation is intensifying drastically. Trial attorneys are using SM to research opposing parties and even potential jurors in real time via tablets, laptops, and smartphones in order to determine whether or not they would be receptive to the attorneys’ arguments based on their postings, pictures, and comments via LinkedIn, Facebook, and Twitter. Moreover, defamation, cyber-bullying, and employment litigation cases have become more and more prevalent since SM’s ascension as a household name and activity. Companies are openly using SM to weed out applicants. The presenters stated that 25% of companies research applicants using SM. Out of that 25%, 85% said that they were less likely to hire these individuals if their postings were unprofessional.

Companies need to be mindful of some of the hazards of conducting such investigations, such as Title VII of the Civil Rights Act of 1964 (race, religion, sex, ethnicity, sexual orientation), the Age Discrimination Employment Act of 1967, theAmericans with Disabilities Act, the Fair Credit Reporting Act, and various insurance claims that may arise because of causes of action based on same. The advice given to companies by the panel was to take action. Companies should come up with policies and procedures regarding SM, develop a technological solution to prohibit use of SM at work, and monitor their own SM outlets to make sure that they defend their brand."  Links are provided by the author to the various acts referenced in the article.