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Social Media and Ethical Quagmires

Social media can be a boon or quicksand for the unwary. Lawyers and their clients have often failed to recognize that they have a duty under compliance laws to preserve data including, in some instances, social media data. They have failed to include social media as part of their preservation and production duties in e-discovery – and to plan for them ahead of time. The use of social media can create liability for everything from trade disparagement to discrimination to defamation to bar disciplinary actions. The social media waters are still murky from an ethical standpoint and lawyers have found themselves fined, reprimanded and suspended for ethical lapses, with disbarments surely to follow. Our experts will help you safely navigate the uncharted legal waters of social media and understand how to limit the risks of social media usage through technology, policies and training.

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