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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Jason Krause
Social media is part of the fabric of life in the 21st century. Our daily lives are recorded there and many people get most of their news from it. But when it comes to litigation, it’s often the last thing parties think about- until it’s too late. “People wait too long to collect social media for civil litigation, and then find out they’ve made a big mistake,” says Adam Feinberg, CEDS, SVP, Professional Services at Business Intelligence Associates (BIA). “It’s too easy to manipulate Facebook, Twitter and other sites, and once data is gone, it is harder to recover than normal ESI.”
There is no question that social media is a valid evidentiary source. In fact, the rules are only becoming clearer with the soon-to-be-implemented Amendments to the Federal Rules of Civil Procedure. Specifically, proposed rule 37(e) Committee Advisory notes read, “It is important that counsel become familiar with their clients’ information systems and digital data — including social media — to address these issues (emphasis added).”
Read the original article at: Why is Social Media Discovery Such a Problem?