Thursday, June 7, 2012

THE LEGAL FOUR CORNERS OF SOCIAL MEDIA AND E-DISCOVERY FOR BUSINESSES



http://ow.ly/bqdmw

An article by Michelle Sherman, Esq. posted on the Social Media Law Applied.

The article examines the relationship between eDiscovery obligations and social media network content.

The article discusses four topics, and provides insight into the following issues:



1. E-Discovery Rules Apply To Social Media Activity.

2. Update Document Retention Policies to Include Social Media Activity.

3. Identify a Vendor That Can Capture and Store Social Media Activity.

4. Discuss With Legal Counsel Your Social Media Activity When Litigation Is Anticipated, and Remember To Include Social Media In Your Discovery Plan.

The article provides the following advice in conclusion, "Businesses cannot afford to postpone updating their document retention policies, and finding a good solution for storing their social media activity. Courts are ordering sanctions for e-discovery violations, and businesses subject to state and federal regulations are being required to store much of this information as well. If a business anticipates being involved in litigation, make sure your legal counsel is asking about your social media activity, and how the potentially relevant or discoverable data is being maintained. Also, discuss the social media activity of your business and the other party so social media can be incorporated into your litigation strategy."

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