Date: Thursday, June 17, 2021
Time: 12 noon to 1:30 p.m., EDT
Social media is ubiquitous throughout most of the world, with users numbering in the billions, irrespective of age, geography, or socioeconomic status. Individuals communicate with each other and in groups, and governments and businesses employ social media to communicate with their constituencies and target audiences. Consequently, social media is increasingly becoming a subject of discovery in legal proceedings and investigations. Lawyers must understand the different types of social media and the unique discovery issues they present so they can advise and assist their clients in properly preserving, collecting, producing, and requesting such information in discovery.
The Sedona Conference Working Group 7 (“Sedona Canada”) has published a Commentary on Social Media Discovery that addresses the complex challenges that social media discovery present. These include balancing relevance with proportionality and privacy; the technical challenges of preservation, collection, search, review, and production; the impact of cross-border data transfer regulations; authentication of social media postings as evidence; and unique ethical issues that lawyers should consider in connection with social media.
The Public Comment Version of the Commentary is available here. The Working Group invites written comments through 31 July 2021 to [email protected]. The upcoming webinar will provide an opportunity for you to hear from drafting team members directly and provide your input in person (although virtually).
Registration is required for this event. Registrants will receive a Zoom invitation and instructions a day before the event. We look forward to seeing you on 17 June!
Kenneth J. Withers
The Sedona Conference
Phoenix, AZ, USA