Social media’s prevalence in society continues to rise, as Americans currently spend at least one-fifth of their time online using Facebook, Twitter or one of the many other available platforms,
Social media’s fast growth has created yet another e-discovery headache for inside counsel. Federal Rule of Civil Procedure 26 (b)(1) allows discovery of relevant, non-privileged ESI. Under Rule 26(b)(1), data from outside social media sites like Facebook and Twitter is generally discoverable.
The new burdens associated with the rise of social media data may be a rude awakening to some in-house counsel and compliance officers.