Last month I was on a panel at the Computer Forensics Show with Jack Halprin, head of eDiscovery, enterprise at Google; Eric Hunter, director of knowledge management at Bradford & Barthel; and Michael Lackey Jr., partner at Mayer Brown, which addressed the ethical concerns and challenges involving social media. Technology using new media is changing so rapidly that the courts cannot keep up. A common thread that emerged was that social media, in some form, is here to stay; however, no one is convinced that the dominant players, namely Facebook Inc., LinkedIn Inc. and Twitter Inc., will remain at the top five years from now. Some of the presentation’s key takeaways included rules and regulations, court decisions and best practices with regard to social media.

Rules and Regulations

The ABA, state bars and countless government agencies are trying desperately to implement restrictions, polices, procedures and codes of conduct to ensure that companies and law firms monitor their social media sites and their employees’ as well.

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