Tag Archives: investigation

LTN: Social Media Evidence Even More Important than email and “Every Litigator” Needs to Address It

legaltech-news-thumbBrent Burney, a top eDiscovery tech writer of Legaltech News, recently penned a detailed product review of X1 Social Discovery after his extensive testing of the software. (Social Media: A Different Type of E-Discovery Collection, Legaltech News, September 2016). The verdict on X1 Social Discovery is glowing, but more on that in bit. Burney also provides very remarkable general commentary on how social media and other web-based evidence is essential for every litigation matter, noting that “email does not hold a flicker of a candle to what people post, state, admit and display in social media.” In emphasizing the critical importance of social media and other web-based evidence, Burney notes that addressing this evidentiary treasure trove is essential for all types and sizes of litigation matters.

Consistent to that point, there is a clear dramatic increase in legal and compliance cases involving social media evidence. Top global law firm Gibson Dunn recently reported that “the use of social media continues to proliferate in business and social contexts, and that its importance is increasing in litigation, the number of cases focusing on the discovery of social media continued to skyrocket.” Undoubtedly, this is  why Burney declares that “every litigator should include (X1 Social Discovery) in their technical tool belt,” and that X1 Social Discovery is “necessary for the smallest domestic issue all the way up to the largest civil litigation matter.” Burney bases his opinion on both the critical importance of social media evidence, and his verdict on the effectiveness of X1 Social Discovery, which he lauds as featuring an interface that “is impressive and logical” and providing “the ideal method” to address social media evidence for court purposes.

From a legal commentary standpoint, two relevant implications of the LTN article stand out. First, the article represents important peer review, publication and validation of X1 Social Discovery under the Daubert Standard, which includes those factors, among others, as a framework for judges to determine whether scientific or other technical evidence is admissible in federal court.

Secondly, this article reinforces the view of numerous legal experts and key Bar Association ethics opinions, asserting that a lawyer’s duty of competence requires addressing social media evidence. New Hampshire Bar Association’s oft cited ethics opinion states that lawyers “have a general duty to be aware of social media as a source of potentially useful information in litigation, to be competent to obtain that information directly or through an agent, and to know how to make effective use of that information in litigation.” The New York State Bar similarly weighed in noting that “A lawyer has a duty to understand the benefits and risks and ethical implications associated with social media, including its use as a … means to research and investigate matters.” And the America Bar Association recently published Comment [8] to Model Rule 1.1, which provides that a lawyer “should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”

The broader point in Burney’s article is that X1 Social Discovery is enabling technology that provides the requisite feasibility for law firms, consultants, and other practitioners to transition from just talking about social media discovery to establishing it as a standard practice.  With the right software, social media collections for eDiscovery matters and law enforcement investigations can be performed in a very scalable, efficient and highly accurate process. Instead of requiring hours to manually review and collect a public Facebook account, X1 Social Discovery can collect all the data in minutes into an instantly searchable and reviewable format.

So as with any form of digital investigation, feasibility (as well as professional competence) often depends on utilizing the right technology for the job.  As law firms, law enforcement, eDiscovery service providers and private investigators all work social discovery investigations into standard operating procedures, it is critical that best practices technology is incorporated to get the job done. This important LTN review is an emphatic punctuation of this necessity.

 

Leave a comment

Filed under Social Media Investigations

SharePoint Search: Beyond eDiscovery

by Barry Murphy

I had the pleasure of conducting a SharePoint eDiscovery webinar with Patrick Burke of Reed Smith for the OLP last week.  The subject is fascinating because finding, preserving, and reviewing SharePoint content in the litigation/investigation context can be so challenging.  The metadata users add to content (e.g. workflow tasks), the web page interface that creates more native ESI than just a document, and the decentralization of SharePoint deployments make eDiscovery for SharePoint a topic unto itself.  Often lost in this topic is the issue of end-user search of SharePoint.

When I talk about end-user search in SharePoint, most people just assume that the search functionality baked in to the product (Microsoft acquired FAST Search & Transfer several years back) is enough.  In some cases, that will be correct, but in others it does not work to give business users efficient access to information.  Some companies have standardized on SharePoint as an enterprise content management (ECM) platform while others have some departments that use SharePoint for sharing files and managing specific business processes.  In either situation, the reality is that business workers store information in multiple places – SharePoint, email, network file shares, etc.  To find that information is often a frustrating task of switching from application to application only to have a subpar search experience.

Consider the screenshot below of a search experience in SharePoint:

SharePoint blog 1

Click to enlarge

The experience leaves something to be desired in that I have to execute several more clicks on the left to do any kind of filtering and, in the result set itself, it is very difficult to know if any of these are the document I am looking for because I can’t see the document itself.  I would need to open it first.  In addition, as a business worker, I probably don’t know if I should be looking in email, file shares, or SharePoint for the document I need.  I know I saw it somewhere, but can’t remember where.  In this search experience, if I don’t find what I am looking for in SharePoint, I now have to go search my email and then my file system.  It adds up to a waste of time.

Now, consider a unified, single-pane-of-glass approach:

SharePoint blog 2

Click to enlarge

In this user interface, I can search across email, files, and SharePoint.  I can see a full-fidelity preview of the attachment.  I can refine on any kind of metadata.  It is a positive search experience that is helpful and allows me to be efficient.  More and more people realize now that this unified access to information is critically important. That may be why SharePoint guru Joel Oleson said, after a X1 Search 8 product demo, “the great news is seeing unified search across the variety of platforms [email, file shares, SharePoint] in a single powerful desktop product priced very reasonably.”  It’s because business workers really do need that unified interface across all information.  To be forced to move from email to SharePoint just to run a search can be frustrating and time consuming.  For SharePoint administrators, not having to worry about a user’s search experience in SharePoint is liberating.  When business workers and IT administrators are both happy, the world is a better place.

Read Joel Oleson’s complete review of X1 Search 8 here >

 

Leave a comment

Filed under Cloud Data, Enterprise eDiscovery, Enterprise Search, SharePoint, Uncategorized

Discovery Templates for Social Media Evidence

Book coverAs a follow-up to the highly popular Q&A last week featuring DLA attorneys Joshua Briones and Ana Tagvoryan, they both have graciously allowed us to distribute a few of their social media discovery templates found in the appendix of their book:  Social Media as Evidence: Cases, Practice Pointers and Techniques, published by the American Bar Association, available for purchase online from the ABA here.

The first template is deposition questions relating to social media evidence. The second is a sample of special interrogatories. They can be accessed at this link. Thanks again to Joshua and Ana for their insightful interview, and for providing these resources.  Their book contains many more such templates and practice tips, including sample document requests, proposed jury instructions, client litigation hold memorandums with a detailed preservation checklist, preservation demand letters, and much more.

In other social discovery news, the ABA Journal this month published an insightful piece on social media discovery, featuring attorney Ralph Losey, with a nice mention of X1 Social Discovery. In a key excerpt, the ABA Journal acknowledges that “there is a pressing need for a tool that can monitor and archive everything a law firm’s client says and does on social media.”  The article also noted that more than 41% of firms surveyed in Fulbright’s 2013 annual Litigation Trends report, acknowledged they preserved and collected such data to satisfy litigation and investigation needs, which was an increase from 32% the prior year.

Another important publication, Compliance Week, also highlighted social media discovery, where Grant Thornton emphasizes their use of X1 Social Discovery as part of the firms anti-fraud and data leakage toolset. Incidentally,  when determining whether a given eDiscovery tool is in fact a leading solution in its class, in our view it is important to look at how many consulting firms are actually utilizing the technology, as consulting firms tend to be sophisticated buyers, who actually use the tools in “the front lines.” By our count we have over 400 paid install sites of X1 Social Discovery and over half of those – 223 to be exact – are eDiscovery and other digital investigation consulting firms. We believe this is a key testament to the strength of our solution, given the use by these early adopters.

Leave a comment

Filed under Best Practices, eDiscovery & Compliance, Social Media Investigations

Social Media Evidence at the Center of the A-Rod Suspension

Earlier this month, Major League Baseball took the unprecedented step of suspending a star player, Alex Rodriguez, for two years due alleged illegal use of performance enhancing drugs (PEDs). A-RodWhile the suspension of one of baseball’s greatest players of all time made the headlines, the critical role social media evidence played in tying “A-Rod” to Biogenesis, the company which allegedly provided him with the PEDs, is an important sub-story. While we are not at liberty to discuss any details of the social media investigation software used by any of the parties, this Associated Press report describes a detailed, thorough and highly professional investigation of the social media evidence involved.

Specifically, investigators collected key evidence from publically available Facebook posts and Tweets from associates of the targets, which apparently proved to be the most effective source of evidence. Per the AP: “Baseball investigators examined the Facebook pages of (Biogenesis founder Anthony) Bosch and Porter Fisher, the former Biogenesis associate who gave documents to the newspaper. They began to sketch out which people they were friends with, and which of those friends posted photos of athletes or mentioned athletes. Each link led to new loops that provided leads.”

In response to the investigation, MLB players’ union general counsel David Prouty noted that social media evidence “adds a layer of proof that certainly wasn’t available many years ago.”

This type of thorough investigation of publically available social media evidence is only possible with best practices technology that enables scalable and automated collection of up to millions of items preserved and organized in a single case in an instantly searchable and reviewable format.

Given its very high profile and the high stakes involved (The suspension could cost A-Rod over $100 million) the A-Rod case represents a seminal development in the field of social media and Internet investigations. According to the media reports, this is not a situation where social media evidence merely served a supporting role, but was a difference-maker that apparently formed the basis of the suspension.

No need to comment further.

Leave a comment

Filed under Best Practices, Social Media Investigations

Live Social Media Evidence Capture from Today’s Vegas Strip Shooting

Unfortunately, a tragic event transpired this morning in Las Vegas leaving three people dead and at least three others injured after a shooting and fiery six-vehicle crash along the Strip. According to reports, at about 4:20 a.m. someone in an SUV opened fire into a Maserati that had stopped at a light. The Maserati moved into the intersection at Flamingo Road and collided with a taxi, starting a chain of crashes that involved four other vehicles. Our thoughts and prayers are with the victims and their families.

Given the criminal investigation and civil liability implications of this event, we wanted to demonstrate the new important capabilities of X1 Social Discovery to immediately identify, preserve and display geolocated Tweets (and often Instagram posts) at or near the scene immediately before, during and after the incident. X1 Social Discovery is now able to map a given location, such as a city block or even a full metropolitan area, and search the entire public Twitter feed to identify any geolocated tweets that have been made in the past three days (sometimes longer) within that designated area, as well as to capture any new tweets within that area going forward. As illustrated below, this capability is extremely useful for law enforcement, corporate security and civil litigators.

When we learned of the Vegas incident, we mapped the general area of the strip  and within seconds, all the recent Tweets from the past several hours were populated within the grid and collected within X1 Social Discovery.

Accident 4

From there, we were able to sort those tweets within the interface and identify some key Tweets made immediately after the incident, such as this post:

Accident 5

Accident 2

We are able to sort and identity the exact time (in GMT) of the posts in question as well as associated metadata.

Accident 3

Here is another post below. Both this example and the one above contain notable intel in the comments, suggesting the possible identity of one of the victims, as well as a reference to another posted picture on Instagram. This reflects the utility of X1 Social Discovery’s ability to collect not just the social media post, but the comments thereto in real-time.

Accident 1

This feature can also be employed proactively, to map an area around a school, an embassy, an oil drilling facility overseas, or other critical infrastructure assets to collect and store any geolocated tweets in real time. But of course in order to take full advantage of this ability to gather key evidence such as the evidence, posted above, you need to own the software at the time of the incident.

2 Comments

Filed under Social Media Investigations