Social Media & the Law by Brittany Cowan: Forms

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 form to their client when advising them of their obligation to preserve potentially relevant information, in connection to threatened litigation.

This form requests that the other party preserve all potentially relevant data, including data that is electronically stored.

This form is a stipulated order for preservation of documents and electronic information.

This form contains a set of interrogatories to be sent to a defendant corporation.

This form lists sample deposition questions pertaining to company social media and ESI policy.

This litigation questionnaire pertains to the use of electronic devices in the courtroom. It also provides instructions for non-use of electronic devices, such as cell phones, during court proceedings.

This form requests that the other party preserve all potentially relevant data, including data which is electronically stored.

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 form stipulates the scope of the parties' agreed-to discoverable ESI.

This form pertains to initial discovery disclosures.

This form is used when discovery of ESI would produce an enormous volume of information. This form allows parties to use a specified software to review the content.

This form establishes a general protocol for handling ESI discovery. It provides a framework to address and resolve many E-Discovery issues.