Social Media Considerations and Challenges in eDiscovery
Social Media is the New Email Today, social media is universally used by people, companies and even governments. Social media users of all ages can target audiences of one or billions. It is not just for sharing posts and staying in touch with family and friends. Rates of user adoption of platforms such as Slack are overtaking the use of email in companies around the world. Companies use Facebook Workplace to help employees stay connected and engaged with company events and personal interests. Social media was once a novelty; now most people view it as a necessity to stay connected to peers, family
Social media’s proliferation means it is now a staple source of critical electronically stored information (ESI) in litigation and investigations. Because it is changing constantly on the backend, defensible collection practices are a moving target for legal practitioners. Case teams must take a nuanced approach to defensibly identifying, preserving, collecting and producing individual elements of social media to meet their client’s discovery obligations.