Social Media & the Law by Brittany Cowan: Pleadings & Practitioner Materials

This is a general checklist listing the procedural steps for production of documents.

This is a sample letter, requesting a preservation of evidence in anticipation of litigation. Importantly, it puts the company on notice and advises them to refrain from any retention or destruction policy currently in place.

Attorneys send this letter to their client when advising them of their obligation to preserve potentially relevant information, in connection to threatened litigation.

This is a sample memo, instructing all employees to refrain from destruction of evidence. Please note that it should be updated to include smart phones.

This practice guide walks through the steps of electronic discovery in Florida. It provides helpful insight into obtaining ESI, ESI preservation, and responding to ESI requests. It also covers trial procedures when handling electronic evidence during litigation.

This material will help attorneys when drafting a preservation request for electronically stored information. It also outlines proper procedures for keeping in-house records during the discovery and pre-litigation process, as well as providing sample interrogatories for requesting documents.

The US Department of Justice (DOJ) and Administrative Office of the U.S. Courts (AO) Joint Working Group on Electronic Technology in the Criminal Justice System
(JETWG) collaborated to produce this highly instructive litigation tool for handling ESI discovery in federal criminal cases.

This checklist is a useful eDiscovery tool. It lists pertinent questions that need to be addressed with both your client and when requesting material from opposing counsel.

This checklist helps attorneys select the deponent who is knowledgeable about how ESI is stored, transmitted, archived and preserved.

This portfolio discusses the legal issues that can arise in connection with the use of social media. It analyzes the legal issues involving social media in the employment area, including its use in the hiring process, and in a company's advertising and marketing efforts. The portfolio then discusses legal issues that can arise involving social media in the corporate and securities area, including issues relating to Regulation FD and crowdfunding, and in the litigation area, for example when looking for clients in class action litigation, in service of process, and in obtaining information about potential jurors.

This practice material deals with social media in the employment context. It discusses the employer "do's" and "don'ts" in regards to hiring, firing, and duties to preserve social media evidence.

This portfolio is designed to provide practitioners and corporate counsel with in-depth, sharply focused, and detailed analysis and commentary on current e-discovery issues.