ACEDS-EDRM 4-15-15 Webcast

1. The Social Media Quick Peek:
Early Data Assessment
April 15, 2015 March 27, 2015

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4. Your Social Media Cast Members
Canaan Himmelbaum, Esq.
VP, Business Development
Advanced Discovery
Jason Pill, Esq.
Attorney
Dera Nevin, Esq.
Director, eDiscovery
Proskauer, LLP
Andy Wilson
CEO
Logikcull.com

5. The Story of “Cullos Danger” and the termination of
Michael!
This is not your normal termination lawsuit, and there are a few characters.
Before we meet Cullos, our main character, we have to meet Michael—
our mild-mannered boss and former-employee-to-be.

6. Meet Michael . . .
Although Michael is far from the “World’s Best Boss,” he is remarkably average
and sufficiently competent to avoid getting fired.

7. The humble beginnings of Cullos Danger!
However, it’s recently been brought to Management’s attention that Michael
may have an alter-ego . . .

8. Cullos Danger?

9. Cullos, however, is a little unruly . . .

10. . . . and not what the company is looking for in a
supervisor

11. Cullos insults employees, the company, and just about
everyone else through his Twitter feed. Cullos also admits
to faking sick days, which conveniently occur when
Michael also takes his sick days.

12. The company is convinced that Michael is Cullos and
decides to terminate Michael based on Cullos’s online
activities. Now the company must determine what
evidence it has to support its decision, because Michael is
known to be very litigious and will bring suit immediately.

13. What We Want You to Know
• The options for ESI in Social Media
– What are the initial steps to consider when thinking about collecting Social
Media?
– When should a client start to consider collecting Social Media for purposes of
compliance, litigation and other reasons?
• The difficulties surrounding the collection of Social Media
– How can you obtain Social Media evidence in discovery?
– How do you determine what the State and Federal Rules say?
• The Do’s and Dont’s
– How do you navigate the ethical considerations, if any, when collecting and
review Social Media evidence?
– What can you advise a client regarding their Social Media accounts?
• The Offensive and Defensive use of Social Media
– How can Social Media evidence support your position while undermining your
opposing party’s position?

14. Discussion/Questions?