A thought-provoking perspective from James Beck looking into eDiscovery from a defendant’s perspective in the United States.
It’s interesting to see how this post focuses on social media and sampling too. Social media is, and has been for a while now, central to many people’s on-line activities, be it on a computer, phone or on another device. It’s always important to consider what data exists on these channels, some can be directly relevant to a case, some contains messaging platforms, and some provide clues and intelligence that is useful to the case generally.
Sampling is an interesting tool that can be used to help get a guide as to the overall picture – although there are other tools that can help as well. For example, identifying key entities in the posts, the sentiment of posts and also key themes/topics – all of which have a role.
Although this is positioned from a defendant’s perspective, as Sun Zu said/wrote: “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”
I’ll leave that one with you to ponder..
The latest favorable decisions allowing defendants to conduct ediscovery of plaintiff social media