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Risky Business

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organizations that are less likely to see the importance of social media are Australia, Brazil and Italy. • Countries most likely to see social media as a serious threat to their organizations are Canada, Hong Kong and Mexico. Countries least likely to see social media as a threat are France and Italy. Organizations in Germany have the most confidence in their ability to address the social media threats. ALSO IMPOSSIBLE TO OVERLOOK With all the key findings being presented, what isn't addressed is the information risk and archiving of social media. Let's face it, social media have changed the way we communicate and conduct business. If your firm hasn't officially embraced it yet, your employees and attorneys have. In a recent Forbes article, "Managing Information Risk and Archiving Social Media," they state that the "Gartner Group predicts that by the end of 2013, half of all corporate litigants will be asked to produce material from social media websites for e-discovery." With that being only a little over a year away, it leads firms to open their eyes and take the necessary precautions now to address the potential implications of what can and could happen and create a protocol for damage control. Realizing all of the risk associated with social media tools, channels, employee use and enterprise platforms leads to a startling question as to how to go about monitoring the use of social media for breach of client confidentiality or information leakage. With companies like Vocus and NextPoint, firms can look to monitor their online presences and archive social media. Monitoring social media can be valuable for not only damage control, but for leading to prosperous trial strategies such as that used in the 52 Risky Business ILTA White Paper Casey Anthony trial, where her attorneys monitored Twitter to tweak their trial strategy. And to call it out one more time, in case you've been living under a rock, firms must have a social media policy. There is no question as to the importance based on all the attention given to the Facebook firing case, and the other recent rulings regarding employee use of LinkedIn and the ethical issues for jurors and attorneys. But, more important, when you create a policy, you must educate your employees, staff and attorneys on the policy and the implications associated with using social channels as an extension of the firm's brand. You must also revisit the social media policy every six months, due to the changing nature of the technology and rulings with the courts. Last, but certainly not least, is the very real fact that multiple generations now exist in the workforce, and law firms are being forced to re-evaluate their workflows, communications and succession plans. So while social media risks are inherent and not to be taken lightly, on the flipside, law firms that block social media will be left behind. NICE TO MEET YOU, MR. ELEPHANT The time is overdue for law firms to address the risks involved with social media in the workplace. The Ponemon Institute survey results are clear that employees are using and will continue to use these online tools, and malware attacks will follow suit. This issue has become so big that you simply can't ignore it. ILTA

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