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Canadian lawyers report rise in lawsuits related to social media and mobile devices

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It should go without saying, but be mindful of what you store on your phone and post on social media. A new study says that more than one-third of Canadian lawyers have reported an increase in lawsuits related to images or information found on social media and mobile devices.

The findings come from a survey developed by consulting solutions firm Robert Half Legal.

Lawyers were asked, “In the last two years, have you seen an increase or decrease in litigation or eDiscovery matters that are related to images or information that appeared in social media and mobile devices?” Their responses were as follows:

  • Significant increase – 11 percent
  • Slight increase – 26 percent
  • Neither an increase nor a decrease – 56 percent
  • Slight decrease – 1 percent
  • Significant decrease – 0 percent
  • Don’t know – 7 percent

(Note that the totals add up to 101 percent as a result of rounding.)

The survey also asked lawyers, “In the last two years, have you seen an increase or decrease in litigation or eDiscovery matters that are related to images or information contained on personal mobile devices that your employees use for work purposes?” Respondents said:

  • Significant increase – 9 percent
  • Slight increase – 14 percent
  • Neither an increase nor a decrease – 68 percent
  • Slight decrease – 0 percent
  • Significant decrease – 0 percent
  • Don’t know/no answer – 9 percent

“With millions of people sharing details about their personal lives and professional activities online, data stored on social media networks and mobile devices are increasingly relevant to litigation,” said Charles Volkert, senior district president of Robert Half Legal in a press release. “Electronic evidence retrieved during discovery, including emails, tweets, text messages and photos, as well as GPS and web browsing history, is often enough to make or break a case.”

Volkert also cited an added risk associated with companies increasingly implementing electronic devices into the work space. “Policies regulating the use of mobile devices and social media are an essential component of a corporate security and reputation management program,” he said. “Guidelines should be regularly reviewed and communicated to employees to protect confidential information and guard against data leaks and cyber threats.”

Source: Newswire

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