Issue link: https://epubs.iltanet.org/i/43390
"Current corporate policies might not extend to social media." CHANGING LEGAL REQUIREMENTS Beginning with obligations to govern email, instant messaging and chat, regulations now include requirements for audio in the United Kingdom (COBS 11.8) and social media channels in the United States (FINRA 10-06 and others are now in development). Recent case law in the U.S. and Canada has highlighted the need to manage social media usage due to the potential discoverability of electronically stored information (ESI) under the U.S. FRCP, Canadian civil procedure rules and the rules of other jurisdictions. To ensure compliance with legal requirements, corporate counsel should evaluate current business practices and create a plan that puts technology to work. Adopting policy-based solutions enables counsel to automatically monitor and track company and employee use of social media, alert legal teams to 14 Corporate Law Departments ILTA White Paper potential violations of policies, and effectively enforce corporate governance policies. Counsel should look toward technological solutions that go beyond legacy keyword searches to provide language-independent, advanced concept and context search capabilities. Regarding social media and other communication formats such as instant messaging and tweets, it is essential to have a dynamic understanding of slang and abbreviations, as well as to be able to manage large volumes of data. Solutions that can provide all of these features in cloud deployment scenarios are critical as well, as most large enterprises today have turned to cloud computing for the scalability and lower cost models provided. UPDATING OLD METHODS Managing social media involves many different factors, including volume of data, type of content (e.g., rich