Canon Discovery Services, a division of Canon Business Process Services (Canon), has published a whitepaper focused on how social media collection and preservation can complicate legal discovery.
While email is still widely used, more people are communicating with social media platforms such as Facebook, Twitter, Snapchat, and Instagram. Although using these communications platforms has become second nature to many, they present discovery challenges. A 2017 survey by Robert Half Legal found that 52 percent of lawyers said they’ve seen an increase in litigation involving social media and mobile devices, while 27 percent reported a rise in cases related to data on personal mobile devices that employees used for work purposes.
Canon’s white paper, “Social Media Discovery in Employment and Personal Injury Litigation,” sheds light on these and related trends. The white paper points out that social media evidence is not as easy to preserve and collect as either paper records or other forms of electronically stored information, such as word processing documents or emails. This is in part because social media by its nature resides in a quickly evolving environment, where it can be easy to replace content with updates and changes. The sheer volume of social media, as well as rapidly changing platforms, creates additional complications.
These aspects of social media suggest that attorneys should stay abreast of rapidly changing technologies and that they may wish to consider partnering with experts in preservation and collection at various stages of litigation or pre-litigation.
Canon Business Process Services provides outsourced document management and electronic discovery services to 27 of the Am Law 100 firms. For more information on Canon Discovery Services as well as insight on legal industry trends and best practices, visit the Legal Services page of Canon’s website.
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