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KMK's May 2015 E-Discovery Round-up

Good afternoon E-Discovery enthusiasts!  This month we take a look at the evolution of social media’s privacy laws, get reminded that the amended rules of civil procedure recently cleared a hurdle and take a swim in the deep end of the “predictive coding” pool.  Let’s dive in, shall we?

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BYOD [Bring Your Own Device] to Work Concerns

Introduction: Two Major Concerns

Being a seasoned litigation paralegal with approximately 27 years of experience, I foresee quite a few concerns with the concept of BYOD in the corporate and legal industry. As it seems to happen more times then I care to remember, technology is ahead of the curve and the solutions to “rein in” technology are lagging behind. Many of you may be too young to remember when the first sophisticated color copiers came out and there was a problem with checks being copied and pawned off as real. It only took the paper, ink and check manufacturing industries a few months to come up with the technology to work with the copier technology and develop the “copy” solution for checks. Once again there is a scramble to try to meet the solutions to the BYOD dilemma facing many industries today. 

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Court Rules on Social Media Sites' Privacy Settings

On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.

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