Tuesday, April 28, 2009

UPDATE on the Discoverability of Tweets, TXTs and IMs

Great timing! The April 2009 issue of the American Bar Association's Law Practice Magazine, a publication of the Section on Law Practice Management, has an article by Sharon Nelson and John Simek entitled "CAPTURING QUICKSILVER: RECORDS MANAGEMENT FOR TWEETS, BLOGS AND SOCIAL NETWORKS." Their cautions are similar to those raised in my most popular blog post to date, "Are Your Tweets, TXTs and IMs Discoverable in Litigation?"

The whole article is worth the read, but I liked this nugget from a compliance perspective:

"Employees need to understand that (1) they may be creating “records” when they use these technologies and (2) they must think before they create potential records, bearing the risks of what they create in mind."

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