Social Media Discovery

Bosco Legal Services has been in the legal support industry since 1988 and has specialized in social media investigations and discovery since 2010. The foundation of our knowledge in this area of law has been built on conducting deep dive social media investigations, looking for court admissible evidence from public profiles. Transitioning that knowledge into social media discovery issues has equipped us with a unique perspective and approach that helps our clients navigate various issues involving social media in litigation. This niche area of discovery can be complex, time consuming, and a major burden to the most competent legal professionals, so we’re here to relieve those burdens. Bosco’s Social Media Discovery Experts help with:

Social Media Account Collection

When in the discovery phase of litigation, it is becoming more and more common, especially in mass-tort cases, for the litigants to request social media content from the opposing party. Due to a variety of factors, including client hesitation, issues caused by 2-factor authentication and social media platforms constantly changing their user interface; collecting social media content from clients creates a huge burden.

We understand all of these challenges that attorneys and their support staff face when trying to navigate collecting the required items from their clients. That’s why we work directly with the litigant, holding their hand through the process of acquiring the data requested, ensuring we answer any questions they may have and make them feel at ease while obtaining the required data. In doing so, we relieve the attorney of the stress that comes with trying to navigate these issues, leaving them time to focus on more important things.  

Social Media Review/Production

Collecting client data, while a major hassle, is only a small portion of the battle. Once the data is in hand, then the real work starts. Unlike more traditional electronically stored information (ESI), social media content has no standardized formatting/export features and contains so many nuances, which vary by platform, that going through the data to respond to discovery requests can be a monumental task.

Bosco’s social media discovery process combines powerful analytic technology to sort the data with highly trained analysts who understand both social media and the law. The technology identifies potentially responsive content and the analysts conduct a physical review of all items identified, sorts them for responsiveness and prepares them for production. This process relieves the attorneys and their support staff of having to spend hours sorting through content, where they likely have very little understanding of the nuances and context of what they are looking at.

Bellwether Candidate Review

Our social media discovery experts understand the importance of bellwether trials and the significance they have on determining trends in litigation, which can help both sides understand how they want to proceed. We also understand that multidistrict litigation (MDL) cases can involve thousands of plaintiffs from all over the country, which can make discovery overwhelming and difficult to manage.

Because bellwether cases will impact the outcome of the rest of the lawsuits in the MDL, the process of determining which cases proceed to a bellwether trial is critically important for everyone involved. Bellwether candidates are placed under harsher scrutiny and can expect to face more questions and contention when being deposed. For these reasons, we have worked relentlessly to develop efficient methods for reviewing a bellwether candidate’s social media accounts that helps attorney’s pick the right candidates. Our goal is to better prepare both the attorneys and the candidate for the intense investigations the opposing party will be conducting. As an added bonus, going through this process also helps significantly with responding to future discovery requests.

Expert Discovery Consultation

Social media discovery issues can be intensely complex. A widening body of case law clearly indicates that opposing sides have a right to inspect each other’s social media; however, there is very little consensus on how that information should be collected, reviewed or produced. Adding to the complexity, social media platforms and the tools used to collect and produce their content are ever changing and new platforms are being created constantly. As if this this doesn’t make it complicated enough, the issues can be exploited by those wanting to make the discovery process more time consuming and costly than it needs to be.

To navigate this complex and everchanging landscape, it is imperative that legal teams engage an expert consultant early on. Our team of experts will take the specifics of your case to help craft discovery requests, discovery responses, help decide on which battles to fight and create strategies that ensure the best possible outcome.