Rim on the social side
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RIM on the Social Side Natalie Alesi www.legalerswelcome .com nataliebethalesi@gm ail.com
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Transcript of Rim on the social side
Definition: Social media includes web-based and mobile technologies used to turn communication into interactive dialogue. …Social media is media for social interaction as a super-set beyond social communication. Enabled by ubiquitously accessible and scalable communication techniques, social media has substantially changed the way organizations, communities, and individuals communicate.
FACT: Social networking is the most popular online activity worldwide. ~Nielsen
#1
Founded 2003150 million membersNYSE Symbol “LNKD”47.6 million unique monthly visitors
Founded 2006845 million membersIPO filed Feb. 1, 2012138.9 million unique monthly visitors
Founded 2006300 million members300 million tweets/day1.6 billion search queries/day
Founded 2011100 million membersIn one day, G+ became most popular free iPhone app
iPhone 2007Apple App Store 2008
iPad 2010
ABA Model Rules 1.1 requires lawyers to be competent in representation of their clients.Comment 6: Lawyers “should keep abreast of changes in the law and it’s practice”
Courts & Cases
I-Med Pharma v. Biomatrix (D.N.J 2011) ediscovery case highlighting importance of knowing your clients computer system
Munster v. Groce (Ind. App 2005) lawyers duty to Google as part of due diligence
Dubios v. Butler (Fl. App 2005)Lawyers duty to use Internet resources as part of due diligence, not to use methods that have
gone “the way of the horse and buggy and the eight track stereo.”
Largent v. Reed, Case No. 2009-1823 (C.P. Franklin Nov. 8, 2011)Pennsylvania court recently ruled that information posted by a party on their personal Facebook
page is discoverable and ordered the plaintiff to provide their user name and password to enable the production of the information.
State of Connecticut vs. Eleck, 2011 WL 3278663 (Conn.App. 2011)highlights the importance of employing best practices technology to collect, preserve and
produce social media evidence.
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion # 843 (09/10/2010)
Q: May a lawyer view and access the Facebook or MySpace pages of a party other than his or her client in pending litigation in order to secure information about that party for use in the lawsuit, including impeachment material, if the lawyer does not “friend” the party and instead relies on public pages posted by the party that are accessible to all members in the network?
A: A lawyer who represents a client in a pending litigation, and who has access to the Facebook or MySpace network used by another party in litigation, may access and review the public social network pages of that party to search for potential impeachment material. As long as the lawyer does not "friend" the other party or direct a third person to do so, accessing the social network pages of the party will not violate Rule 8.4 (prohibiting deceptive or misleading conduct), Rule 4.1 (prohibiting false statements of fact or law), or Rule 5.3(b)(1) (imposing responsibility on lawyers for unethical conduct by nonlawyers acting at their direction).
http://www.nysba.org/AM/Template.cfm?Section=Ethics_Opinions&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=43208
689 State and Federal Cases
Involved social media evidence
Myspace/Facebook = Criminal Twitter/LinkedIn = Corporate Trade, secret theft, copyright, trademark
What about a Social Media
Policy?
Sample Social Media Policy Templatehttp://www.jaffepr.com/about-us/industry-insight/white-papers/social-media-policy-template
Phone Dog vs. Noah Kravitz
Upcoming Webinar
Social Media eDiscovery Case Study & Applicable Best Practices March 28th 2012
1 – 2 pm ET
http://www.d4discovery.com/2012/03/webinar-social-media-ediscovery-case-study-applicable-best-practices/
Actionable Items Understand social media privacy Research software for preservation and archiving
of social media information Understand your firms social media policy / be on
the social media policy committee Create accounts on social media sites so you
understand Know where information is stored/devices where information
is stored in your firm with your attorneys Educate attorneys to think about where client information may be
stored (in the cloud, servers, devices, etc.) Adopt standards for how to use electronically stored
information, including social media. Know Recent Social Media Cases
(http://x1discovery.com/social_media_cases.html)
Twitter@ediscoverygroup@nextpointmike@exterro@nextpoint@IEDiscovery@LitSuppGuru@eDiscJournal@ComplexD@GlobalEDDGroup@bowtielaw@nextpointlab@d4discovery
LinkedIn GroupsARMA InternationalRIM Professionals
eDiscoveryWomen in eDiscovery
Men in dDiscoveryeDiscovery Networking GroupeDiscovery Plain and Simple
LegalIT e-DiscElectronic Discovery ProfessionalsEnterprise eDiscovery in the Cloud
The Electronic Discovery Reference Model
Blogs of Interest
blog.x1discovery.com/www.digitalreefinc.com/blog/
www.d4discovery.com/e-discoveryserviceblog/
www.mofo.com/sociallyaware/www.sociallyawareblog.com/
RIM and eDiscovery Social Resources
Sources for Presentation• http://www.natlawreview.com/article/ediscovery-social-media• http://x1discovery.com/video_webinar_duty_to_address.html• http://www.nysba.org/AM/Template.cfm?Section=Ethics_Opinions&TEMPLATE=/
CM/ContentDisplay.cfm&CONTENTID=43208• http://blog.x1discovery.com/2011/12/27/pennsylvania-courts-excellent-whitepaper-
on-social-media-discovery/• http://blog.x1discovery.com/2012/02/08/a-real-world-social-media-discovery-case-
study-from-the-trenches/• http://blog.x1discovery.com/2011/11/09/674-published-cases-involving-social-
media-evidence/• http://bowtielaw.wordpress.com/2012/02/22/huge-hole-in-ediscovery-process/• http://bowtielaw.wordpress.com/2010/05/12/convicted-by-text-message-
overcoming-authentication-hearsay-objections• http://www.digitalreefinc.com/blog/bid/82157/Recap-of-Digital-Reef-s-Social-
Media-White-Paper/
Law Firms and Social Media
FACT: Washington Post
20 percent of law firms have a full-time social media specialist on staff, and about 40 percent said blogging and social
networking initiatives have helped the firm land new work.
Q & A
Direct email:[email protected]
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