The need to capture and preserve social media content from sites such as FaceBook have become more important than every to avoid sanctions as described in this $524,000 ruling against attorney Mathew B. Murray and, $180,000 against his client Isaiagh Lester for a FaceBook spoilation case which included litigation with Facebook itself in an effort to recover the content.

This sanction effectively ruined Mr. Murray’s career, and marks an important milestone in the consideration of balancing privacy issues from Facebook and the need to preserve critical ESI during eDiscovery.

http://ediscoverysquad.com/files/Lester_v_Allied_Concrete_Final_Order.pdf

The Metropolitan Corporate Counsel has a good write-up on this, and what attorneys and clients should be concerned with to avoid this type of a sanction.

http://www.metrocorpcounsel.com/articles/18347/facebook-page-worth-your-job-e-discovery-and-spoliation-age-social-media

There are various archiving and eForensic tools such as Smarsh and X1Discovery that can help you in the process.   Smarsh is good for litigation readiness, and preserving all corporate social media related data.

X1 Discovery can be useful when a order is given by the court to preserve ESI, but capturing all of the Social Media Data for specific custodians.

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Building on our recent announcement to become a Google Apps reseller, and provide archiving services using Google Vault we have added the full capability to be your “Outsourced Virtual Compliance Officer” by adding support for Microsoft email and document formats, Social Media, Web, Instant Messaging, Mobile/Text, and Bloomberg chats.

Partnering with Smarsh (www.smarsh.com) to provide these additional services, provides a comprehensive list of archiving from a proven technology vendor that has serviced some of the most demanding compliance requirements by the SEC for financial brokers and dealers.

Social Media Is Here To Stay

End-to-end social media compliance solutions from Smarsh give organizations of all sizes the preservation, supervision and policy controls to embrace the emerging regulatory requirements to review and archive content from social networking sites Linkedin, Facebook, and Twitter.

Firms can automate policy company-wide, define which social networking features employees have access to, and review, approve, or reject messages before they are posted. Compliance officers and inside legal counsel will be able to monitor both static and interactive corporate communication with ease and intelligent functionality. All messages are captured, preserved in their native form and indexed in the secure Smarsh archive. Postings will be indexed and searchable via message criteria, including date and content keywords.

For more information on social media archiving, click here http://www.smarsh.com/social-media-archiving

Archiving Solutions for the Modern Web

Today’s Web is where companies do business, and how they do business. It’s how people connect, share and collaborate. It’s always on, and it’s always evolving.

All of the Web pages, blog posts, images, and interactive elements that your company has invested in shouldn’t disappear with each update. As the Web becomes increasingly real-time, it’s important not to lose our long-term memory.

Today’s Web needs to be preserved, so that your company can tell its story. The modern Web, however, is not intended to be printed, filed or faxed. It should be experienced.

For more information on web archiving, click here http://www.smarsh.com/web-archiving

Not Knowing Who Said What Could Be Costly

Corporate instant messaging in the workplace provides productivity and collaboration benefits, but these communications systems need to be archived and supervised for regulatory compliance, e-discovery purposes and to ensure efficient and appropriate use. Not knowing who said what to who can be potentially damaging or costly.

Instant messaging can feature rapid-fire, back-and-forth communication across decentralized public messaging networks. While many firms have found email compliance to be a challenging task, IM archiving compliance can be even trickier. Smarsh IM archiving solutions give you the archiving and supervision tools to enforce your corporate policies, meet regulatory obligations and protect sensitive data.

For more information on instant message archiving, click here http://www.smarsh.com/instant-message-archiving

Mobile Phones & Text Messages Are Ubiquitous

Roughly 5 billion text messages are sent each day in the United States. More and more businesses are looking to leverage the benefits of a mobile workforce, and the device-to-device communication channel is instant and efficient.

Like other means of electronic communication, text messaging creates compliance, governance and legal challenges for organizations. Highly-regulated industries, such as financial services or government, are obligated to preserve communications and to produce these messages when necessary. SEC and FINRA regulations require financial services firms to regularly review their representatives’ electronic messages, document these visual inspections and note any actions that result.

For more information on mobile message archiving, click here:

http://www.smarsh.com/mobile-message-archiving

New Message Types Evolve At Warp Speed

Use of Bloomberg Mail – including Instant Bloomberg, Bloomberg Email and Bloomberg Blog – is widespread in the financial services corridor, and these electronic messages need to be preserved, indexed and monitored for SEC and FINRA compliance purposes. Smarsh offers Archiving for Bloomberg, a service in which all Bloomberg messages are captured in their original proprietary form and conveniently available for search, surveillance and production through the Web-based Smarsh Management Console.

For more information on new message types, including Bloomberg messages, click here:

http://www.smarsh.com/archiving-for-bloomberg

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