Social Media, E-Discovery, & Complex Computer Forensics

Transcription

1 Social Media, E-Discovery, & Complex Computer Forensics 2009 Facebook Statistics Report: 276% Growth in Year Old Users 60% of Mobile Internet Time is Spent on Social Networking SocialMediaAtWork.com Facebook & YouTube account for a combined 14% of business bandwidth (Google 2.5%) HOLD ON TO YOUR WRITE-BLOCKER; WE RE IN FOR A BUMPY RIDE!!

2 A Perfect Storm The standard of acceptable conduct is determined through experience A failure to conform to this standard is negligent even if it results from a pure heart and an empty head. -Judge Shira A. Scheindlin The Pension Committee of the University of Montreal Pension Plan, et al., v. Banc of America Securities, LLC, et al. Deloitte Survey No Excuses Pension Committee Decision

3 Zubulake Revisited: Six Years Later Judge Scheindlin January 2010 decision $550 Million Case about hedge fund losses Defendants had documents that plaintiffs never produced and filed a motion to dismiss 13 Plaintiffs ALL SANCTIONED 6 found grossly negligent 30 specific points directly related to IT for preservation and searching Sanctions include attorney and other fees, more discovery costs for some, adverse inference for others Motion to dismiss granted in part, but case goes on

4 What You Need to Know NOW Negligence: Gross Negligence: Failure to sufficiently train, Failure to issue proper supervise or monitor written litigation holds employees document Failure to identify all key collection players and ensure Failure to find and produce preservation all relevant documents Failure to cease deletion of Failure to search backup of former employees tapes when relevant material existed but was not produced Failure to preserve backup Failure to search mobile tapes devices

5 And What About Social Media Projected to be next wave in employment litigation (LEL) Social Media ESI is: Hard to find Hard to preserve Dynamic Not always public FINRA Regulatory Notice Every firm that intends to communicate, or permit its associated persons to communicate, through social media sites must first ensure that it can retain records of those communications as required by Rules 17a-3 and 17a-4 under the Securities Exchange Act of 1934 and NASD Rule 3110.

6 Reality

7 More Reality

8 You re Not Alone Says Deloitte Late 2009 Survey of over 350 IT and Legal people ½ IT and ½ Legal or Compliance All at Manager, Director or C-level Assess state of e-discovery readiness Performed by the Deloitte Forensic Center 49% say company is somewhat to not at all effective to deal with ESI challenges 36% say IT and Legal don t know how to communicate 40% say communication is poor 35% have NO e-discovery response team 62% are concerned about e-discovery and social media

9 You re Not Alone says Reclamere Training E-discovery awareness for all IT, Legal, HR Incident response strategic and technical assistance to make the right decisions with the right people at the right time Communication E-Discovery Preparedness Plans & Toolkits Litigation Hold Policy Review and Creation Project Management of Technical Matters During Litigation Social Media Policy Review & Generation Acceptable Usage Policy Gap Analysis Social Media Forensics Technical Resources Backup Tape Restoration Data Recovery Forensic Preservation, Searching, Deduplication Data Breach Incident Handling

10 Contact Information Angie Singer Keating, CISA, CIPP, CISM VP, Compliance & Security Reclamere, Inc , ext