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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