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Kevin L. Nichols will be a panelist at The Exchange SF in March 2014

Use Code EM100 for FREE Registration Today's General Counsel Institute
PRESENTS

The Exchange
The Leading Interactive Corporate e-Discovery Program Series

San Francisco
Location: Omni San Francisco Hotel
March 17-18, 2014
Free CLE Credit*

TGCI presents The Exchange in San Francisco

SPECIAL INVITATION FOR GENERAL COUNSELS, PRESIDENTS, VPS, CORPORATE EXECUTIVES, OTHER IN-HOUSE COUNSEL AND PRIVATE PRACTICE ATTORNEYS

FREE Registration Here / Use code EM100    ($450 VALUE)

NO VENDORS OR SERVICE PROVIDERS PERMITTED UNLESS SPONSORING.

Why Should You Attend?

As In-House Counsel, you know litigation costs can spiral out of control. The Exchangeconference allows you the unprecedented opportunity to explore ways of containing and controlling those costs. The program’s interactive format between audience and faculty provides a true understanding along with practical advice regarding the major e-Discovery challenges facing an organization today. Learn more.

LEAD MODERATORS:
Robert Brownstone

Robert Brownstone
Technology & eDiscovery Counsel, and Co-Chair, Electronic Information Management Group
Fenwick & West LLP

David Kessler

David Kessler
Partner
Norton Rose Fulbright

Michael J. Burg

Michael J. Burg
Corporate Counsel 
DISH Network L.L.C.

Discussion topics will include:

  • Create a routine and repeatable e-discovery business process
  • Deal with challenges of litigation holds
  • The importance of project and process management skills
  • Effective cost and risk containment steps
  • The need to document your e-discovery efforts
  • Real ECA and risk analysis
  • Recognize and reconcile the ethical tensions that can arise between inside counsel, outside counsel and providers
  • And more!

Click here for full agenda.

Hear what past attendees have said:

“I really enjoyed the conference–excellent information and great networking!”
James Carroll, Legal Department, Occidental Petroleum Corporation

Read more feedback from previous attendees.

Register Now FREE!
Use code EM100    ($450 VALUE)
FACULTY/MODERATORS:
Our expert moderators will help you find solutions to the current challenges facing your organization.

View the full list of Faculty/Moderators who will be at the
The Exchange San Francisco.

TGCI SPONSORS:
Recommmind Xerox Nuix Celeritas FTI Technology Discovia Catalyst Gulfstream Legal   ARMA International
Register Now FREE!
Use code EM100    ($450 VALUE)

*CLE Accreditation: Today’s General Counsel Institute is in the process of securing CLE accreditation.


Please contact Neil Signore, Senior VP and Managing Director, TGCI, at nsignore@todaysgc.com with any questions or in regard to sponsorship. www.todaysgeneralcounsel.com/institute


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An Interview Regarding Social Media Monitoring and eDiscovery

Recently, a reporter asked me the following questions:

1.  Currently, social media monitoring/archiving/discovery/capture software such as X1 Social Discovery (http://www.x1.com/products/x1_social_discovery/) and SocialWare (http://www.socialware.com/) appears to be focused on only a few, major social networks:  Facebook, Twitter and LinkedIn.  Realistically, is coverage of these three networks alone really enough — given that there are literally hundreds of thousands of discussions forums where an employee might make a post?

 

It depends.  If the company monitoring the social media activity is a federally regulated entity (such as a financial institution), where any posting containing non-public or proprietary information could irreparably effect a patent or its stock price, only monitoring the “Big Three” would not be enough.  However, generally speaking, due to the number of users, followers, and friends, monitoring the “Big Three” is sufficient because most people want a lot of people to see what they post and the majority of people do not even know that others exist (mostly only tech savvy ones know).

 
2.  If a law firm asked you which software products/services you believe they should look at as a solution for social media monitoring/archiving/discovery/capture, which products/services would you point them to — and why?

X1 Discovery appears to be the market leader in this space.  It is very robust and the database archiving and retrieval of user data is very powerful.  

 

Actiance has a product that I am familiar with that can be useful, especially in the financial services/federally regulated industries because it can monitor social media posts of employees before they actually post the information to the social media site itself.  The downside is that employees have to link their social media accounts via an API which allows access to their private accounts in order for this to be effective.

 

3.  Realistically, do you envision a day when a software product will truly be able to monitor every post on every conceivable social network, discussion board, video upload site, etc.?  If not, will this be troublesome when it comes to eDiscovery?  Why/Why not?

No, I do not think that it is realistic that one software product or solution can monitor every post on every site for several reasons.  First of all, these sites are developed by various programmers in different languages, etc. It is very difficult to gain the appropriate access to the code for every site out there and have another programmer develop the appropriate code to monitor it.  Secondly, it would be extremely time consuming for one company to try to locate/identify “all” the sites in the first place.  Lastly, it would be incredibly expensive to try to accomplish same.

 

4.  Looking ahead, what do you believe will constitute the ultimate software suite for social media monitoring/archiving/discovery/capture?  What will it be able to do?  What will it still be missing?  How close are we to getting to that software, and which companies, if any, do you believe may get us there?

 

Great questions.  The dilemma with the next generation of social media monitoring is overcome the inherent privacy issues that exist with monitoring “closed” or “private” pages.  None of the existing software suites can collect data from such sites without having permission from the users (which is highly unlikely if there is a hint of litigiousness in the inquiry).  Logically, people should be smart enough to have their accounts privately protected if they are engaging in inappropriate behavior, nevertheless, you will be surprised to see what people will publicly post.  This is probably the biggest problem and the only way that we will overcome it is determining whether or not social media participation is a public or private endeavor.
5.  Do you have any other insights you’d like to share regarding social media monitoring/archiving/discovery/capture?

 

One thing that I wanted to add is that many law firms use the Way Back Machine http://archive.org that can point to any webpage on the internet to see what it looked like at any given period of time (going back to about 10 years).  This is useful to show what items/content has been deleted, etc. and allows an attorney to question the company or user why it is missing.  

Panelist at BASF’s Barristers Annual Meeting

Barristers Conference

 

I am looking forward to being a speaker on the “Why Incorporating Diversity Into Your Strategic Branding Benefits Both You and the Legal Profession” panel.  If you would like to attend, please visit  http://www.sfbar.org/calendar/eventdetail.aspx?id=B137320/B137320

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