Below is an excerpt:
Social media have made a grand entrance onto the litigation stage. Stories abound about the tweet or Facebook page that won or lost the case, sank or saved counsel, or was missed or lost. Lessons abound reminding us of the power of social media and how to get the “killer” social media artifact into evidence.
Few cases, however, are won or lost on the “smoking gun” document that magically appears on counsel’s doorstep. Lovely when it happens, but rare that it occurs. Real social media e-discovery is not a “one and done” event; it is a process that mirrors traditional e-discovery. Social media e-discovery corroborates, punctuates, and enhances your litigation story.
Originally published in Litigation, Winter 2015