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eDiscovery Trends: Sanctions Down in 2010 — at least thru December 1

Recently, this blog cited a Duke Law Journal study that indicated that eDiscovery sanctions were at an all-time high through 2009.  Then, a couple of weeks ago, I saw a story recently from Williams Mullen recapping the 2010 year in eDiscovery.  It provides a very thorough recap including 2010 trends in sanctions (identifying several cases where sanctions were at issue), advances made during the year in cooperation and proportionality, challenges associated with privacy concerns in foreign jurisdictions and trends in litigation dealing with social media.  It’s a very comprehensive summary of the year in eDiscovery.

One noteworthy finding is that, according to the report, sanctions were sought and awarded in fewer cases in 2010.  Some notable stats from the report:

  • There were 208 eDiscovery opinions in 2009 versus 209 through December 1, 2010;
  • Out of 209 cases with eDiscovery opinions in 2010, sanctions were sought in 79 of them (38%) and awarded in 49 (62% of those cases, and 23% of all eDiscovery cases).
  • Compare that with 2009 when sanctions were sought in 42% of eDiscovery cases and were awarded in 70% of the cases in which they were requested (30% of all eDiscovery cases).
  • While overall requests for sanctions decreased, motions to compel more than doubled in 2010, being filed in 43% of all e-discovery cases, compared to 20% in 2009.
  • Costs and fees were by far the most common sanction, being awarded in 60% of the cases involving sanctions.
  • However, there was a decline in each type of sanction as costs and fees (from 33 to 29 total sanctions), adverse inference (13 to 7), terminating (10 to 7), additional discovery (10 to 6) and preclusion (5 to 3) sanctions all declined.

The date of this report was December 17, and the report noted a total of 209 eDiscovery cases as of December 1, 2010.  So, final tallies for the year were not yet tabulated.  It will be interesting to see if the trend in decline of sanctions held true once the entire year is considered.

So, what do you think?  Is this a significant indication that more organizations are getting a handle on their eDiscovery obligations – or just a “blip in the radar”?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Trends: 2011 Predictions — By The Numbers
 

Comedian Nick Bakay”>Nick Bakay always ends his Tale of the Tape skits where he compares everything from Married vs. Single to Divas vs. Hot Dogs with the phrase “It's all so simple when you break things down scientifically.”

The late December/early January time frame is always when various people in eDiscovery make their annual predictions as to what trends to expect in the coming year.  We’ll have some of our own in the next few days (hey, the longer we wait, the more likely we are to be right!).  However, before stating those predictions, I thought we would take a look at other predictions and see if we can spot some common trends among those, “googling” for 2011 eDiscovery predictions, and organized the predictions into common themes.  I found serious predictions here, here, here, here and here.  Oh, also here and here.

A couple of quick comments: 1) I had NO IDEA how many times that predictions are re-posted by other sites, so it took some work to isolate each unique set of predictions.  I even found two sets of predictions from ZL Technologies, one with twelve predictions and another with seven, so I had to pick one set and I chose the one with seven (sorry, eWEEK!). If I have failed to accurately attribute the original source for a set of predictions, please feel free to comment.  2) This is probably not an exhaustive list of predictions (I have other duties in my “day job”, so I couldn’t search forever), so I apologize if I’ve left anybody’s published predictions out.  Again, feel free to comment if you’re aware of other predictions.

Here are some of the common themes:

  • Cloud and SaaS Computing: Six out of seven “prognosticators” indicated that adoption of Software as a Service (SaaS) “cloud” solutions will continue to increase, which will become increasingly relevant in eDiscovery.  No surprise here, given last year’s IDC forecast for SaaS growth and many articles addressing the subject, including a few posts right here on this blog.
  • Collaboration/Integration: Six out of seven “augurs” also had predictions related to various themes associated with collaboration (more collaboration tools, greater legal/IT coordination, etc.) and integration (greater focus by software vendors on data exchange with other systems, etc.).  Two people specifically noted an expectation of greater eDiscovery integration within organization governance, risk management and compliance (GRC) processes.
  • In-House Discovery: Five “pundits” forecasted eDiscovery functions and software will continue to be brought in-house, especially on the “left-side of the EDRM model” (Information Management).
  • Diverse Data Sources: Three “soothsayers” presaged that sources of data will continue to be more diverse, which shouldn’t be a surprise to anyone, given the popularity of gadgets and the rise of social media.
  • Social Media: Speaking of social media, three “prophets” (yes, I’ve been consulting my thesaurus!) expect social media to continue to be a big area to be addressed for eDiscovery.
  • End to End Discovery: Three “psychics” also predicted that there will continue to be more single-source end-to-end eDiscovery offerings in the marketplace.

The “others receiving votes” category (two predicting each of these) included maturing and acceptance of automated review (including predictive coding), early case assessment moving toward the Information Management stage, consolidation within the eDiscovery industry, more focus on proportionality, maturing of global eDiscovery and predictive/disruptive pricing.

Predictive/disruptive pricing (via Kriss Wilson of Superior Document Services and Charles Skamser of eDiscovery Solutions Group respective blogs) is a particularly intriguing prediction to me because data volumes are continuing to grow at an astronomical rate, so greater volumes lead to greater costs.  Creativity will be key in how companies deal with the larger volumes effectively, and pressures will become greater for providers (even, dare I say, review attorneys) to price their services more creatively.

Another interesting prediction (via ZL Technologies) is that “Discovery of Databases and other Structured Data will Increase”, which is something I’ve expected to see for some time.  I hope this is finally the year for that.

Finally, I said that I found serious predictions and analyzed them; however, there are a couple of not-so-serious sets of predictions here and here.  My favorite prediction is from The Posse List, as follows: “LegalTech…renames itself “EDiscoveryTech” after Law.com survey reveals that of the 422 vendors present, 419 do e-discovery, and the other 3 are Hyundai HotWheels, Speedway Racers and Convert-A-Van who thought they were at the Javits Auto Show.”

So, what do you think?  Care to offer your own “hunches” from your crystal ball?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Case Law: Crispin v. Christian Audigier Inc.

Yesterday, we took a look at “Major Tours, Inc. v. Colorel”, which addresses whether a party may obtain a Protective Order relieving it of the duty to access backup tapes, even when that party’s failure to issue a litigation hold resulted in the data only being available on those backup tapes.

Discoverability of social media content has been a big topic this year, with several cases addressing the issue, including this one, previously discussed on eDiscovery Daily.  The holiday week look back at cases concludes with Crispin v. Christian Audigier Inc., 2010 U.S. Dist. Lexis 52832 (C.D. Calif. May 26, 2010), which addresses whether ‘private’ data on social networks is discoverable.

This copyright infringement claim brought by artist Buckley Crispin against defendant and designer Christian Audigier, alleges that Audigier used artwork outside the scope of the original oral license between the parties and also sub-licensed the artwork to other companies and individuals (named as co-defendants) without Crispin’s consent.  The defendants served subpoenas on social media providers Facebook, MySpace, and Media Temple, directing them to turn over all communications between Crispin and Audigier, as well as any communications referencing the co-defendants.

Crispin sought to quash the subpoenas, arguing that they sought private electronic communications protected under the Stored Communications Act of 1986 (SCA), prohibiting Electronic Communication Services (ECS) and Remote Computing Services (RCS) providers from turning over those communications, but the motion was denied because Magistrate Judge John E. McDermott determined that Facebook, MySpace, and Media Temple did not qualify for protection from disclosure under the SCA.  Crispin moved for reconsideration with the U.S. District Court for the Central District of California.

District Court Judge Margaret Morrow’s decision partially reversed and partially vacated Judge McDermott’s order, finding that the SCA’s protections (and associated discovery preclusions) include at least some of the content hosted on social networking sites, including the private messaging features of social networking sites protected as private email.  She also concluded that because Facebook, MySpace, and Media Temple all provide private messaging or email services as well as electronic storage, they all qualify as both ECS and RCS providers, with appropriate SCA protections.

However, regarding Facebook wall postings and MySpace comments, Judge Morrow determined that there was insufficient evidence to determine whether these wall postings and comments constitute private communications as the user’s privacy settings for them were less clear and ordered a new evidentiary hearing regarding the portions of the subpoenas that sought those communications.

This opinion sets a precedent that, in future cases, courts may allow protection to social networking and web hosting providers from discovery based on SCA protections as ECS and RCS providers and may consider social media ESI protected, based on the provider’s privacy controls and the individual user’s privacy settings.

So, what do you think?  Is this the most significant eDiscovery case of 2010?  Please share any comments you might have or if you’d like to know more about a particular topic.

Happy New Year from all of us at Trial Solutions and eDiscovery Daily!

eDiscovery Trends: Social Media in Litigation

Yesterday, we introduced the Virtual LegalTech online educational session Facing the Legal Dangers of Social Media and discussed what factors a social media governance policy should address.  To get background information regarding the session, including information about the speakers (Harry Valetk, Daniel Goldman and Michael Lackey), click here.

The session also addressed social media in litigation, discussing several considerations about social media, including whether it’s discoverable, how it’s being used in litigation, how to request it, how to preserve it, and how to produce it.  Between wall postings, status updates, personal photos, etc., there’s a lot of content out there and it’s just as discoverable as any other source of ESI – depending on its relevance to the case and the burden to collect, review and produce.  The relevance of privacy settings may be a factor in the discoverability of this information as at least one case, Crispin v. Christian Audigier, Inc.,(C.D. Cal. May 26, 2010), held that private email messaging on Facebook, MySpace and Media Temple was protected as private.

So, how is social media content being used in litigation?  Here are some examples:

  • Show Physical Health: A person claiming to be sick or injured at work who has photos on their Facebook profile showing them participating in strenuous recreation activities;
  • Discrimination and Harassment: Statements made online which can be considered discriminatory or harassing or if the person “likes” certain groups with “hate” agendas;
  • False Product Claims: Statements online about a product that are not true or verifiable;
  • Verify or Refute Alibis: Social media content (photos, location tracking, etc.) can verify or refute alibis provided by suspects in criminal cases;
  • Pre-Sentencing Reports: Social media content can support or refute claims of remorse – in one case, the convicted defendant was sentenced more harshly because of statements made online that refuted his statements of remorse in the courtroom;
  • Info Gathering: With so much information available online, you can gather information about opposing parties, witnesses, attorneys, judges, or even jurors.  In some cases, attorneys have paid firms to ensure that positive information will bubble to the top when jurors “Google” those attorneys.  And, in Ohio, at least, judges may not only have Facebook friends, but those friends can include attorneys appearing before them (interesting…).

If possible, request the social media content from your opponent as the third-party provider will probably fight having to provide the content, usually citing the Stored Communications Act.  As noted previously on this blog, Facebook and Twitter have guidelines for requesting data – through subpoena and law enforcement agencies.

Social media content is generally stored by third-party Software as a Service (SaaS) providers (Facebook and Twitter are examples of SaaS providers), so it’s important to be prepared to address several key eDiscovery issues to proactively prepare to be able to preserve and produce the data for litigation purposes, just as you would with any SaaS provider.

So, what do you think?  Has your organization been involved in litigation where social media content was requested?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Trends: Social Media Policies to Manage Risk

As noted previously, ALM hosted another Virtual LegalTech online “live” day online last week.  We’ve talked about the session regarding Predictive Coding here and here.

Another session from last week’s “live” day was Facing the Legal Dangers of Social Media.  The speakers for this session were:

  • Harry A. Valetk: Internet Safety and Consumer Privacy Attorney, MetLife Privacy Office;
  • Daniel S. Goldman: Chair of Mayo Clinic’s business law practice group which oversees the corporate law, contracting and intellectual property functions of the Mayo Clinic legal department.; and
  • Michael E. Lackey, Jr.: Partner and co-chair of the Electronic Discovery and Records Management Practice for Mayer Brown LLP.

Establishing boundaries between your professional life and personal life continues to be more challenging as more personal information is available online.  The session cited a handful of cases where terminations resulted from postings on individuals’ personal social media accounts, one of which was challenged by the National Labor Relations Board (NLRB).  At least one state has rules in place – Section 201-d(2)(c) of New York’s Labor Law protects “legal recreational activities” engaged off-site during nonworking hours.

An interesting stat from the session was that “27% of employed Internet users now work for employer[s] with policies about how they may present themselves online”.  As noted previously in this blog, having a social governance policy in place is a good idea to govern use of outside email, chat and social media that covers what employees should and should not do.  From the session, here are some factors that a good social governance policy should address:

  • Educate: The social governance policy should be accessible and all employees should receive training with examples that illustrate what may not be obvious to everybody,
  • Plan for Crises: The speed and reach of social media means that a crisis will happen fast.  Identify a crisis team and develop a plan to react quickly.  When disgruntled employees of Domino’s pizza posted a video, showing them tainting food, Domino’s management reacted quickly.
  • Plagiarize:  Yes, plagiarize.  As in, there are many good ideas already implemented out there for social governance, don’t reinvent the wheel.
  • Use of Social Media During Work: Some companies will try to ban the use of social media during work by banning access to sites via work computers, but employees can simply access those sites on mobile devices, so it’s better to establish an expectation of level of acceptable use.
  • Preserve Customer Privacy: Any policy must stress the importance of this.
  • Identify Company Spokespersons: Establish who can speak on behalf of the company and make clear to others to stress that any views they espouse online are personal views.
  • Address the Blurring of Boundaries: Employees should not exhibit inappropriate behavior on social media when identified as employees, and there should be no association with the employer for any behavior incompatible with the brand/profession.
  • Business Confidentiality: Don’t discuss trade secrets or other confidential information online.  Even posting that you’re attending a meeting with a company that you’re negotiating with can violate NDA agreements.
  • Prohibit Employees from Speaking Anonymously: It’s considered unethical at best and may be an FTC violation at worst as John Mackey, Whole Foods CEO, found out back in 2007.
  • Don’t Harass: If it’s unacceptable behavior in the workplace, it’s unacceptable online.  Not to mention gutless.  And, employers can be liable if they’re aware of harassing behavior online and don’t act to address it.

Tomorrow, we’ll discuss the discoverability and use of social media content in litigation.  As noted with the predictive coding session, you can check out a replay of the session at the Virtual LegalTech site. You’ll need to register – it’s free – then login and go to the CLE Center Auditorium upon entering the site (which is up all year, not just on “live days”).  Scroll down until you see this session and then click on “Attend Now” to view the replay presentation.  You can also go to the Resource Center at the site and download the slides for the presentation.

So, what do you think?  Does your organization have a social media policy in place?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Trends: Facemail Unlikely to Replace Traditional Email

In a November post on eDiscoveryDaily, we reported that Facebook announced on November 15 that it’s rolling out a new messaging system, including chat, text messaging, status updates and email (informally dubbed “Facemail”) that would bring messaging systems together in one place, so you don’t have to remember how each of your friends prefers to be contacted.  Many have wondered whether Facemail would be a serious threat to Google’s Gmail, Yahoo Mail and Microsoft Live Hotmail, given that Facebook has a user base of 500 million plus users from which to draw.  And, there was considerable concern raised by eDiscovery analysts that Facebook plans to preserve these messages, regardless of the form in which they are generated, forever.

However, Facemail isn’t likely to replace users’ current email accounts, according to an online poll currently being conducted by the Wall Street Journal.  More than 61 percent of over 4,001 participants who have taken the poll so far said they wouldn’t use Facebook Messages as their primary email service.  18.4 percent of voters said that they would use it as their primary email, with 20.5 percent indicating that they were not sure.  You can cast your vote here.  I just voted, so these numbers reflect “up-to-the-minute” poll results (as of 5:52 AM CST, Wednesday, December 08, that is).

Facebook CEO Mark Zuckerberg envisions the Facemail model of email, instant messaging and SMS text messages as a simpler, faster messaging model than email’s traditional subject lines and carbon copies, which Zuckerberg considers to be “antiquated”.

Whether Facemail develops as a serious threat to Gmail, Hotmail or Yahoo Mail (or even Microsoft Outlook or Lotus Notes) remains to be seen.  However, at least a couple of industry analysts think that it could become a significant development.

“A powerful, unified presence manager would also enable the user to express how he’d like to communicate, and to manipulate that ‘how’ and ‘when’ availability to different types of contacts,” industry analyst David Card stated in a post on GigaOm.com.  “If Facebook establishes Messages as a user’s primary tool to manage presence across multiple communications vehicles, it would be an incredibly sticky app, with huge customer lock-in potential.”

Gartner analyst Matt Cain told eWEEK.com, “It will have little impact at first on the public portal email vendors because it is a barebones email service. But if Facebook makes it the equivalent of these other services, it will have a significant deleterious impact on competing email services”.

As stated in the earlier post, it’s important to have a social governance policy in place to not only address new mechanisms such as Facemail, but all social media mechanisms that might be in use by your employees.

So, what do you think?  Do you plan to consider using Facemail as your primary email service?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Trends: Facemail and eDiscovery

Email is dead.

So says Facebook founder Mark Zuckerberg.  “It’s too formal,” he declared, announcing his company’s new messaging service last week in San Francisco.

Facebook announced last week that it’s rolling out a new messaging system, including chat, text messaging, status updates and email (surprise!).  Zuckerberg touts it as a way of bringing messaging systems together in one place, so you don’t have to remember how each of your friends prefers to be contacted.  Will the integrated product (informally dubbed “Facemail”) that some have called “Gmail killer” be a serious threat to Gmail, MSN and Yahoo Mail?  Maybe.  With 500 million plus users, Facebook certainly has a head start towards a potentially large user base.

However, some caveats to consider from a business standpoint:

  1. Facemail messages will be clustered by sender instead of by subject, which they consider to be “antiquated”.  May be great from a social standpoint, but not so good when you need to follow the thread of a conversation with multiple people.
  2. Unified messaging is not an entirely new concept.  Just last year, Google introduced Google Wave, designed to “merge key features of media like e-mail, instant messaging, wikis, and social networking”.  Earlier this year, Google announced plans to scrap Google Wave after it failed to gain a significant following.  It will be interesting to see whether Facebook can succeed where Google failed.
  3. From an eDiscovery perspective, the potential concern is that Facebook plans to preserve these messages, regardless of the form in which they are generated, forever.  So, if your company has a retention policy in place, these communications will fall outside of that policy.

Is it time to panic?  It might be tempting to overreact and ban the use of Facemail and other outside email and social media sites, but that seems impractical in today’s social media climate.

A better approach is to have a policy in place to govern use of outside email, chat and social media that covers what employees should do (e.g., act responsibly and ethically when participating in online communities), what employees should not do (e.g., disclose confidential information, plagiarize copyrighted information, etc.) and the consequences for violating the policy (e.g., lost customers, firings, lawsuits, etc.).  We will talk more about a social governance policy in an upcoming post.  In the meantime, here is a reference to our September post for information on requesting information from Facebook via civil subpoena.

So, what do you think?  Does your company have a social governance policy?  Please share any comments you might have or if you’d like to know more about a particular topic.

P.S. – So, what happened to the architect behind Google Wave, Lars Rasmussen?  He just joined Facebook.  Interesting, huh?  🙂

eDiscovery Case Law: Discovery Compelled for Social Media Content

Discoverability of social-media usage continues to be a hot topic for eDiscovery.  Information for litigants’ LinkedIn, Facebook, Twitter and MySpace accounts can be the “smoking gun” for litigators looking to pursue or defend a claim.

In McMillen v. Hummingbird Speedway, Inc., No. 113-2010 CD (C.P. Jefferson, Sept. 9, 2010), defendant Hummingbird Speedway, Inc. sought to compel discovery of the plaintiff’s social network account log-in names, and passwords.  A copy of the opinion granting that Motion to Compel is available here.

The plaintiff was allegedly injured during a stock car race in the summer of 2007.  During the litigation that followed, defendant Hummingbird Speedway, Inc. requested production of plaintiff’s user names, log-in names, and passwords for any social network accounts – to which the plaintiff objected, arguing that the information was confidential.  Based on information in the public sections of the plaintiff’s social network accounts, the defendant filed a Motion to Compel.

In his opposition to the motion, the plaintiff argued that communications with friends via social media sites were private and protected from disclosure. The court disagreed, indicating that the plaintiff was essentially asking the court to recognize an evidentiary privilege for such communications, but that there is no “social media privilege” recognized by Pennsylvania’s court or legislature.

The court also noted that those communications were not privileged based on “Wigmore’s test for privilege”, which requires the plaintiff to establish four factors:

  • “His communications originated in the confidence that they would not be disclosed”;
  • “The element of confidentiality is essential to fully and satisfactorily maintain the relationship between the affected parties”;
  • “Community agreement that the relationship must be sedulously fostered”; and
  • “The injury potentially sustained to the relationship because of the disclosure of the communication outweighs the benefit of correctly disposing of litigation”.

Because the plaintiff failed to establish these factors, the court ultimately ruled that “Where there is an indication that a person’s social network sites contain information relevant to the prosecution or defense of a lawsuit…and the law’s general dispreference for the allowance of privileges, access to those sites should be freely granted”.

So, what do you think?  There have been other cases where the discoverability of social media was called into question – have you experienced any?  Please share any comments you might have or if you’d like to know more about a particular topic.

P.S. – For those (like me) who didn’t know what the word “sedulously” meant, I’ve provided a link to the definition above… 🙂

Social Tech eDiscovery: Twitter Guidelines for Law Enforcement

Tuesday, I provided information regarding Facebook’s Law Enforcement page with information about serving civil subpoenas. Facebook provides quite a bit of useful information regarding serving subpoenas, including the address for registered agent (to process requests), information required to identify users, fee for processing, turnaround time, and fee to expedite responses. Facebook is very informative with regard to how subpoenas are handled in terms of cost and time to process.

So, it makes sense to look at other popular social media sites to see how they are handling this issue. Twitter is probably right behind Facebook in terms of popularity in the social media world and they have a “Guidelines for Law Enforcement” page to address requests for non-public information for Twitter users.

As the Twitter policy notes, most Twitter profile information is public, so anyone can see it. A Twitter profile contains a profile image, background image, as well as the status updates, which, of course, they call “tweets”. In addition, the user has the option to fill out location, a URL, and a short “bio” section about themselves for display on their public profile. Non-public information includes “log data” such as IP address, browser type, the referring domain, pages visited, search terms and interactions with advertisements (as noted in their Privacy Policy page).

Twitter doesn’t provide any cost information regarding processing subpoena requests, nor do they address standard turnaround times or fees to expedite processing. Their policy is to notify users of requests for their information prior to disclosure unless they are prohibited from doing so by statute or court order and they do require the URL of the Twitter profile in question to process any subpoena requests. They do provide email, fax and physical address contact information to address user information requests. FYI, only email from law enforcement domains will be accepted via the email address. Preservation requests must be signed with a valid return email address, and sent on law enforcement letterhead. Non-law enforcement requests should be sent through regular support methods (via their main support page).

So, what do you think? Have you ever needed to file a subpoena on Twitter? Please share, or let us know or if you’d like to know more about a particular topic.

Social Tech eDiscovery: Facebook Subpoena Policy

As President and CEO of Trial Solutions, I’ve noted and embraced the explosion in use of social technology over the past few years (Trial Solutions has a Facebook, Twitter and LinkedIn page, and this blog, with more to come soon). According to new statistics from Nielsen, social network sites now account for 22.7% of time spent on the web, a 43% jump in one year (by contrast, email only accounts for 8.3%). With that explosion in social tech use, companies have had to address social media as another form of media to collect for eDiscovery. It seems there’s a new article or blog post online every week on the subject and there is a social media webinar at Virtual Legal Tech this Thursday.

As probably the most popular social media site, Facebook is one of the most likely sites for relevant ESI. There are already a number of stories online about people who have lost their jobs due to Facebook postings, such as these. There is even a Facebook group to post stories about Facebook firings. Oh, the irony!

Naturally, cases related to Facebook eDiscovery issues have become more prevalent. One case, EEOC v. Simply Storage Management, resulted in a May ruling that “SNS (social networking site) content is not shielded from discovery simply because it is ‘locked’ or ‘private’”. So, request away!

If the employee resists or no longer has access to responsive content (or you need to request from their online friends through “Wall” posts), you may have to request content directly from Facebook through a subpoena. Facebook has a Law Enforcement page with information about serving civil subpoenas, including:

  • Address for Registered Agent (to process requests)
  • Information Required to Identify Users – Facebook user ID (“UID”) or email address
  • Fee for Processing ($500, plus an additional $100 if you want a notarized declaration)
  • Turnaround Time (minimum of 30 days)
  • Fee to Expedite Responses ($200)

Obviously, fees are subject to change, so check the page for the latest before serving your subpoena.

So, what do you think? Have you ever needed to file a subpoena on Facebook? Aware of other case law related to Facebook eDiscovery? Please share, or let us know or if you’d like to know more about a particular topic.