SMI Aware Can Help

Get defensible evidence for Internet Investigations

SMI Aware helps the legal teams found in a vast arena of different situations. These legal teams are sometimes in-house at the enterprise level, such as when we helped a fast-food chain defend itself against an employee class-action lawsuit.

Sometimes these legal teams are on retainer to insurance companies defending themselves against fraud.

While SMI Aware works directly with legal teams, we are often brought in by a companies leadership. This is because SMI Aware has the leading proprietary technology that allows us to collect evidence from around the internet and social media in an ethical and legally defensible way. This is not something the vast majority of legal teams can do.

The internet is a web of complexity. Most legal admins don’t have the training or the tools to gather evidence from the web that will stand up in court.

If you are interested in this service, keep reading, we have case studies, use cases and evidence on this page and throughout the website for you.

How We Work with Legal Teams

SMI Aware experts are frequently asked about the defensibility of social media evidence in court and whether it is lawful to obtain this type of content. According to the ABA Model Rules of Professional Conduct, attorneys are expected to utilize technology, including social media, to provide competent and diligent representation to a client. Researching the online public presence of potential parties, witnesses, even your client should be standard practice when preparing a complaint or conducting due diligence in anticipation of litigation. If the initial search revealed extensive social media content, using SMI Aware monitoring services is ideal to regularly collect potential new evidence, as well as update the search for significant case activities (mediations, depositions, trial, and more).

When it comes to the admissibility of social media evidence, the key is to make sure that you are accessing the information in a permissible manner. Generally, a lawyer investigating a case may access the public portions of an individual’s social media account and try to identify whether any of their social media profiles may contain evidence relevant to the case. One must also consider the applicable ethics rules for conducting pre-litigation investigations. Specifically, it is inappropriate and unethical to bypass privacy settings or “friend” someone to gain access to private or non-public portions of the subject’s account. Moreover, this type of conduct can eliminate the admissibility of social media evidence in court.

Legal teams must conduct ethical and compliant social media evidence collection, and partnering with SMI Aware ensures the admissibility of social media evidence in court. SMI Aware’s team of certified analysts utilize our proprietary technology to search social media, search engines, and the deep web. Our in-house analysts locate, capture, and preserve the social media evidence that evades most investigators while complying with the highest standard of ethics and ensuring defensibility in court.

Why Work with SMI Aware?

Products & Services

Is Your Company Facing Legal Issues?

SMI Aware has been used to defend Class Actions against Consumer Products, E-Cigarettes, Medical Devices, and others.

We provided support to the defense side of more than 10 Product Liability Class Actions in 2019.

Many in-house law firms, while fantastic at what they do, don’t have the processes in place to conduct social media investigations against accusers in an ethical and legally defensible way.

SMI Aware can accurately search the vast depths of the internet and navigate the complexity of social media. We employ a team of experts in the field of curated data collection.

SMI Aware leads the industry by utilizing proprietary search technology combined with certified, in-house analysis.

SMI Aware ethically preserves and refines data in easy to read reports, providing a complete and accurate social web profile of a person or organization, thereby saving valuable employee time and mitigating your company risk.

Why Work with SMI Aware?

Products & Services

Have you noticed inconsistencies in your Claimants Story?

When someone is injured, they are entitled to compensation from their insurer; however defense is crucial against fraud. At SMI Aware we have:

Being an insurance provider, you probably have an in house counsel or retained council. At SMI Aware, we work with Law firms every day. We exist to serve them in the space of legal and ethical internet investigations.

Below you will find a recent case where we helped prevent a 1 million dollar settlement from an insurance company.

Why Work with SMI Aware?

Products & Services

SMI Aware Can Help You with Defense in Class Action Lawsuits

There’s more than one way to defend a class action lawsuit successfully, but one thing is consistent: A smart legal defense begins with insightful research.

SMI Aware has years of experience running social media background checks, and we are the experts in social media investigations. We have experience working on some of the most significant class-action lawsuits of the past several years.

But we do more than just vet expert witnesses and claimants. We are an extension of your team, providing you with the information you need to make the right decisions. Your clients will have the confidence of knowing that a critical part of the legal defense is in the hands of capable experts trained to look out for their best interests.

SMI Aware provides the kind of information that legal teams need to identify claimants for depositions, settlements, or other proceedings. Our deep dive report offers detailed analyses of expert witnesses to help the legal team determine their views.

When it comes to arbitration, we provide deep reports on the past rulings and biases of potential arbitrators that may (or may not) favor your clients. Our data enables you to select the right arbitrators and eliminate the ones you don’t want.

We are an extension of your case team. We listen to our client’s needs to provide them with the information they need in the format they want.

Why Work with SMI Aware?

Products & Services

More Cost-Effective Than In-House

As more law firms cut staff, firms are under pressure to keep billable hours low. Assigning an in-house person to do background checks might seem like a good idea at first blush, but there’s a high chance that a staffer is not an expert on the topic (or that they will rack up billable hours becoming an expert). What could take a paralegal or librarian a day to accomplish, we can produce in just a few hours, saving you time and money.

We handle that work for the firm, quickly producing reports that are consistent and provide expert analysis. Our fixed cost for reports also means clients know how much they will pay for this information rather than basing it on billable hours.

Expert Analysis

Leave the social media background sleuthing to the experts at SMI Aware. We are trained to produce reports quickly and consistently. As an extension of your legal team, we tailor deep reports based on your unique needs, including analyses for behavior that may help or hurt a client’s case. We put the most relevant info and results into a consistent report format, and we rank them based on the scope. We streamline this with consistent results that make it easy to analyze, so your team can make quick, informed decisions.

Avoid Ethical and Legal Risks

Did you know that if your firm conducts social media checks, you could place your case in danger? What seems like a straightforward public records search is a legal and ethical obstacle course. Allow the experts at SMI Aware to handle the deep background checks and authenticate the results for use in a legal setting.

SMI Aware is a neutral third-party, but we are also part of your legal case team. We tailor our reports and our analyses to each client’s specific search criteria.

Call us to learn more about how SMI Aware’s Deep Reports can help you.

The Role of Social Media Investigations in Employment Litigation

Any business, at any time, might fall prey to personnel issues that can escalate into lawsuits. Complaints may come in the form of accusations of racial slurs, discrimination, sexual harassment, worker’s compensation, or even engaging in actions that run against a company’s core values.

Any time you have an employee that’s under investigation or you have an incident that involves safety, injury, sexual harassment, or racial discrimination, you should run a deep report on the social media of everyone involved immediately.

Why Work with SMI Aware?

Establishing Patterns of Behavior

Employment litigation will often include personal distress claims, so establishing a factual, verified timeline is crucial.

For example, someone suing their employer claims mental distress but an examination of their social media reveals frequent vacations and shows they have not altered their lifestyle in any meaningful way. A deep report could also establish that someone who was once active and healthy has been forced to curtail their hobbies following a work-related accident.

In the case of claims of bad behavior and toxic work culture, a social media investigation can unearth whether an employee has a long pattern of poor behavior or an inclination towards problematic behavior or opinions. For example, if employees are engaging on social media platforms outside of work, yet their conduct violates company values, this is the kind of information that’s relevant for a variety of litigation claims.

Part of the Case Team

Proper intelligence wins legal cases. SMI Aware’s deep background checks help establish the facts around an employee’s lifestyle, opinions, and actions in the weeks surrounding any employee complaints.

SMI Aware is a neutral third-party, but we are also part of your legal case team. We tailor our reports and our analyses to each client’s specific search criteria.

Call us to learn more about how SMI Aware’s Deep Reports can help your case.

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