Be Careful What You Post: Social Networks Are Discoverable
As two recent cases have made it abundantly clear, one must be very careful what is posted on your social networking cites. I was fascinated by the discussion in the blog on Forbes website entitled: Do Your Social Networking Privacy Settings Matter If You Get Sued? by Kashmir Hill.
Always Have A Plan
As it is so eloquently stated in the Canadian legal blog, SLAW in the article entitled Practice of Law: Practice Management by Peg Duncan; it is crucial to always have an E-Discovery Project Plan.
Reserve Your Rights: Always Ask for Native
As the document production trend continues to move almost exclusively towards electronic formats, make sure you always indicate in your Request for Production of Documents the specific request that certain information may be requested in native format. This preserves your right to request documents that are not produced in a reasonable usable format to be produced later in a usable manner. Often times the most desirable, usable format is native especially if you anticipate Excel spreadsheets or drafts of contracts that may have hidden formulas or other information such as track changes.
Concerns Over Cloud Computing
As I am sure many of you are aware, one of the new catch phrases in 2009 was “cloud computing.” Cloud computing refers to running software over the internet and accessing it via a browser. This technology uses the internet and central remote servers to maintain data and applications. This technology allows businesses to use applications that do not have to be installed on the companies' individual computers. Any IT outsourcing such as network infrastructure and remote hosting is a form of cloud computing.
The Search Term Dilemma
Have you ever had the unenviable task of coming up with an all-inclusive search term list in your case that will only bring back relevant documents? You work diligently for hours on your list and have others on your team and opposing counsel “tweak” the terms only to get back from your search a ton of non-responsive junk, including photos of your clients’ children in bunny suits!
Topics
- Branding
- Intellectual Property
- Social Networking Sites
- Privacy Laws
- MySpace
- Stored Communications Act of 1986
- Social Media Content
- RFP
- Evidence
- Privacy
- Social Media
- E-Discovery Project Plan
- E-Discovery Case Law
- 2006 FRCP E-Discovery Amendments
- Digital copier hard drive security
- Native Format of Documents
- Cloud Computing
- Technology
- Zubulake
- Sanctions
- Email Retention
- Sedona Conference
- Rule 34
- Rule 26
- Rule 1
- Federal Rule
- Cooperation Proclamation
- Risk Assessment
- Electronic Data Discovery
- EDD Processing
- Bet-the-Company Litigation
- TREC Legal Track
- Litigation
- ESI
- E-Discovery
- Outsourcing
- Document Review
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Recent Posts
- E-Discovery Vendor or Partner: It’s All in the Name
- Ex Parte Discovery Permitted in Website Trademark Infringement and Defamation Case
- Be Careful What You Post: Social Networks Are Discoverable
- Retrieving Discoverable E-Discovery Data from Social Media Sites: Or, "Wow, is this what I asked for?!"
- Court Rules on Social Media Sites' Privacy Settings
- Always Have A Plan
- Your E-Discovery GPS: Are You on the Right Track?
- "Massive" E-Discovery Failures Result in $8.5 Million Sanction
- Oh the stories a copier can tell!
- Does Your Law Firm Follow ESI Best Practices