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This week I plan to dedicate a few blog posts to highlighting some of the latest trends in social media and [fill in the blank]. Last month, the good folks at Fulbright & Jaworski, released their 2011 Litigation Trends Survey. The 2011 survey gathered input from 405 in-house counsel, including 275 U.S. respondents. Launched by Fulbright in 2004, the survey canvasses corporate counsel on litigation issues and trends.
Here's what they found with respect to social media and litigation:
These numbers suggest to me that most attorneys are behind the times. Why aren't companies preserving and producing social-media content in discovery? When a corporate party receives a document request that is broad enough to include (but does not specifically request) social-media content, many of their lawyers don't think to remind clients to preserve and produce it. Worse yet, my guess is that the percentage of lawyers who specifically request social-media content is even lower.
However, just as lawyers eventually got hip to requesting email as part of discovery, eventually, the social-media numbers will rise too.
This article was originally published on Eric B. Meyer's blog, The Employer Handbook
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