Magazine article Information Management

Social Media Makes E-Discovery a Headache

Magazine article Information Management

Social Media Makes E-Discovery a Headache

Article excerpt

E-DISCOVERY

There is no privacy when it comes to social media, and using it as a source can create e-discovery headaches, a panel of experts said during a session of the Advanced E-Discovery Institute on social media and privacy issues held in November, according to an article in Law Technology News.

"Social media, in so many ways, is like all of your worst e-discovery nightmares rolled into one," said Adam Cohen, a principal at Ernst & Young. Using it as a source amounts to "unlocking a door to every type of electronically stored information (ESI) imaginable" because there are so many different media platforms, formats, applications, locations, etc.

As with all document requests, social media requests should be justified, targeted, and discussed early in the case, advised Martin Tully, a partner at Akerman. Pinning down the information is a major challenge. It's doable - at least to some extent - but it's not easy. …

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