The Best Way to Place Social Media Data on Litigation Hold

With so many people active on social media these days, it’s hardly surprising that posts and comments on platforms like Facebook and Twitter often feature prominently during legal matters. This means that legal professionals have an obligation to protect relevant social media data from spoliation, but the challenges that come with these modern information sources extend far beyond willful destruction of evidence.

No case better illustrates the risks of social media spoliation than Lester v. Allied Concrete Company. The plaintiff had lost his wife in a tragic vehicle accident and was suing for wrongful death. Unfortunately, some Facebook photos came to light that his lawyer was afraid would prejudice the case, and he consequently told his client to delete them. “We do not want blow ups of other pics at trial,” an email from the law firm read, “so please, please clean up your Facebook and MySpace!”

If you deal with digital information at all, you’ve undoubtedly heard of metadata. But do you know exactly what it is? And do you understand the importance of it as it relates to litigation? To help unpack this often confusing term, we’ve put together the following metadata explanation for your review. 

If you’re even tangentially involved in the eDiscovery process, you’ve undoubtedly heard of the Electronic Discovery Reference Model (EDRM). But what exactly is it?

When the EDRM community of eDiscovery and legal professionals first released the E-Discovery Reference Model (EDRM) in 2006, it highlighted “Records Management” as an integral component of the eDiscovery process. Today, the EDRM focuses on “Information Governance”, as opposed to records management. Moreover, the EDRM has even been supplemented with the Information Governance Reference Model (IGRM), which offers an outline for how organizations should go about managing information related to potential litigation. 

In 2005, attorney George Socha and technology expert Tom Gelbmann founded the EDRM community of eDiscovery and legal professionals. The aim of this new group was to improve standards in the eDiscovery industry and lay down specific guidelines—and one of the first results was the now-iconic E-Discovery Reference Model (EDRM) diagram.

Communication is key to business. For evidence of this, just consider the fact that we send 125 billion business emails every day. It’s also the reason why enterprise social networks and work collaboration tools have become so popular. These tools streamline communication, which has a direct impact on productivity. A study of Workplace by Facebook conducted by Forrester Consulting has shown that the platform can increase task efficiency, decision-making, innovation, and onboarding enough to offer an ROI of 400%.

Information Governance is more important than ever because the majority of large enterprises have a data problem. While just about every large company claims to be “data-driven” and focused on leveraging new technologies like artificial intelligence (AI) and machine learning, the evidence suggests that few are backing up this talk with real action. In fact, it can be argued that data is actually more of a liability than an asset in many organizations.

Your organization is probably archiving company emails, but is it archiving mobile text messages? When it comes to the business world, email remains an incredibly popular communication tool. In fact, the number of emails we send is astounding. Research conducted by The Radicati Group in 2018 reports the total number of emails sent globally every day at around 280 billion (that’s billion per day), and it’s set to grow to 333 billion by 2022.  

PageFreezer has released a compliance archiving solution for SMS/mobile text that further expands its product line. In addition to providing website, social media, and corporate chat solutions, PageFreezer now offers archiving of text messages for both employer-issued and personal mobile phones.