Thursday, August 13, 2009

Accounting For Twitter and Web 2.0 From a Legal Perspective

Imagine, for a moment, that you are the General Counsel of Amalgamated Widget, the nation’s largest manufacturer of widgets. One day, you are sitting at your desk when your phone rings. On the other end of the phone is one of the lawyers who works for you; she proceeds to inform you that Amalgamated Widget has just been served with a complaint alleging that your latest model of widget has been negligently designed and caused serious bodily injury to one of your customers.

Acting quickly, you begin working the phones. Within an hour, you have identified all of the relevant people within the company — from the engineers who designed the widget to the factory workers who built it; from the salesmen who sold it to the marketing guys who designed the ad campaign. List of potential data custodians in hand, you call the IT department and instruct them to freeze the e-mail accounts of each of those people. All e-mail as it existed at the time of the complaint will be preserved from deletion. You also copy all of their hard drives and all servers to which they may save documents. Finally, you pull a copy of the relevant corporate databases — everything from the design database that tracks the R&D process to the sales database that catalogs your customers. Then, just for good measure, you make a copy of the company’s web page.

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Source: chicagotechnews.com
By: admin in Electronic Discovery with Jason Fliegel

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