Social media only seems vaporous. You may not remember posting that photo from your bachelor’s or bachelorette party, but it’s out there. And no one in your company may remember that social media campaign from a few years ago, or Tweets your marketing department made for a long ago product launch. But someone on the…
read moreWe get it. Social media is not something most lawyers think about every day. According to the most recent ABA Legal Technology Survey Report, only 11 percent of attorneys use Twitter professionally. But as social media is now central to more and more matters, lawyers need to think about the ways Facebook, Twitter, and other sites…
read moreIt’s official—failure to produce social media evidence in eDiscovery is a serious and punishable sin. In the ongoing case EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court has hammered a federal agency for failure to produce social media in a timely manner. Or as the opinion has it, for engaging in…
read moreOne of the worst things that can happen to a case in its early stages is to have a judge deny a discovery request. Evidence is the foundation of any matter, and to lose any source of information is a potential case killer. Unfortunately, in a number of reported cases, lawyers are making basic mistakes…
read moreBeing in the legal technology field can be frustrating. Technology changes fast but the law moves slowly, deliberately, and often in convoluted ways. You have to somehow stay ahead of the technology curve while waiting for the courts to catch up. It wasn’t until 2006 that federal courts were able to get the basic rules…
read moreAs it begins to dawn on people that social media is discoverable for litigation, it’s tempting to think that tweets, posts, and content can simply be downloaded from the provider. For example, The New York Times recently reported that Twitter is working on a way to retrieve old, expired tweets, and Facebook already has mechanisms…
read moreNextpoint’s Expert Witness is a feature offering insights from lawyers, technologists, law enforcement, entrepreneurs, and other interesting people influencing our industry and world. Check back regularly for thought-provoking expert opinions. Tom Chernaik Tom Chernaik is CEO of CMP.LY. The company’s unique disclosure solution is built on a foundation of Tom’s experience and insights in…
read moreLast week, Michelle Sherman outlined the legal obligations and emerging case law regarding social media and eDiscovery. Once an organization has internalized and put these considerations into policy, there is then the practical issues involved in actually preserving social media content and archiving the material. No matter which vendor performs this role, there are a…
read moreGUEST POST BY: Michelle Sherman Companies are on social media. They are interacting and connecting with customers through Facebook, Twitter and blogs. In a 2010 study, numbers on the conservative side show that 65 percent of Fortune Global 100 companies have active Twitter accounts, and 54 percent have Facebook fan pages. One third of these companies have a…
read moreDivorce is always a messy proposition. As discussed this week, Facebook and social media have blown up family law cases and made a contentious process even more volatile. The most spectacular recent case in this regard is perhaps a Connecticut divorce in which the husband and wife were ordered to exchange passwords so they could…
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