Case Study: FOOD INDUSTRY

NAVIGATING THE LITIGIOUS LANDSCAPE OF A HIGHLY REGULATED

INDUSTRY, GLOBAL FOOD VENDOR TURNS TO PAGEFREEZER FOR

COURT-READY ARCHIVES THAT MAKE LEGAL BATTLES EASIER.

Contents

CLIENT PROFILE

AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR

LEGAL PURPOSES

ABOUT

PAGE

FREEZER

Disclaimer

This document was created to provide information about a specific issue. This document does not take a position on any specific course of action or proposal. Every effort has been made to present accurate and reliable information; however, PageFreezer assumes no responsibility for consequences resulting from the use of the information herein.

NAVIGATION PANEL

CLIENT PROFILE AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR LEGAL PURPOSES

ABOUT PAGEFREEZER

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TARGETED BY THE FTC FOR ITS ONLINE MARKETING CAMPAIGNS AND

OTHER ADS, THE GLOBAL VENDOR OF POMEGRANATE PRODUCTS

SEARCHED FOR A RETENTION SOLUTION THAT WOULD CAPTURE AND

PRESERVE WEB CONTENT FOR USE IN COURT.

Founded in 2002, the company is

headquartered in Los Angeles and is a global provider of fruit-based products, known for touting the health benefits of the fruit in marketing campaigns.

Enjoyed by a lareg dedicated customer base, the company has also been the center of controversy due to the bold health claimes attached to the products. The company cites its own sponsored studies as evidence to back its claims.

LEGAL CHALLENGES

For over several years, the company has been locked in legal battles with the Federal Trade Commission (FTC) over the company’s advertising campaigns that promote the health benefits of its fruit products. The FTC brought administrative action against the company, saying the ad campaigns violated new and stricter standards for health-related claims. The company filed suit, saying the FTC was overreaching its authority by modifying advertising standards without going through an administrative process.

The result was a two-year legal back-and-forth, with the companies marketing materials at the center of the debate. Many of these ads were online, causing web history to rise in legal importance. The company needed a strategy for capturing its online content and storing the records for future use in court. Ideally, the archiving solution would reduce the time and cost associated with legal battles by making the web records easy to locate and search.

Client Profile

CLIENT PROFILE AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR LEGAL PURPOSES

The PageFreezer

Solution

TO MAKE LEGAL BATTLES EASIER, PAGEFREEZER’S DAILY AUTOMATIC

ARCHIVING CAPTURES ONLINE CONTENT AND MARKS IT WITH A

DIGITAL TIMESTAMP AND SIGNATURE, ENSURING THAT THE WEB

RECORDS ARE ADMISSIBLE, REPLAYABLE AND SEARCHABLE.

The company now uses PageFreezer’s powerful archiving technology to take daily automatic snapshots of the company website, ensuring that any changes to the content are captured and stored in the cloud. The files are retained in their native format, so even complex ads with audio and video elements can be replayed as if they were live. This is essential for cases in which the majority of disputes involve the web content itself.

Archiving ensures that every

company can prove exactly who said

what online, and when -- a necessity

for legal cases.

Each archived page is marked with a digital timestamp and signature, so

the pages can be used as admissible evidence in court. This feature also protects POM against any false claims about the company’s published content.

When the legal team needs access to archived records, they can choose from three data export options -- PDF files, native format, or self-service login to the company’s

PageFreezer account to retrieve snapshots. A well-prepared legal package with the archived

files is promptly provided upon any request for data export.

RETURN ON INVESTMENT

PageFreezer’s archiving solutions allowed the company to proceed with legal actions as efficiently as possible. Because the files are stored in native format, with three options for data export, the legal team can quickly obtain the records they need, reducing legal costs and time to resolution. The company can also proceed with confidence in online marketing (within industry parameters), knowing their records are continually captured and stored in case of future litigation.

“We’ve seen a lot of interest in web archiving for litigation readiness,” said Michael Riedijk, Executive Director with PageFreezer. “Since companies do so much marketing online, web and social media records will play a major role in many legal cases. It just makes sense to have all that information stored, organized and court-ready.”

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NAVIGATION PANEL

CLIENT PROFILE AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR LEGAL PURPOSES

ABOUT PAGEFREEZER

p-

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Archiving for

Legal

Purposes

BESIDES USING ARCHIVED WEB RECORDS FOR LITIGATION

READINESS, THERE ARE NUMEROUS OTHER LEGAL APPLICATIONS FOR

PAGEFREEZER’S INDUSTRY-LEADING ARCHIVING SOLUTIONS.

˄

Early case assessments:

Companies can peruse archives to determine

the potential liability of cases before they go to court (e.g., wrongful

termination, online harassment, etc.)

˄

Federal Rules of Civil Procedure:

According to Rule 34, responding

par-ties must produce requested information within 30 days. Searchable

archives simplify this process for web content.

˄

Web content dispute resolution:

Using archives, companies can quickly

resolve disputes concerning website content, domain names, or false

claims -- saving time and money.

˄

Online error management:

In dealing with mistakenly published

con-tent (e.g., products listed for the wrong price), companies can use

archives to easily identify the time frame of the mistake and quickly

resolve claims relating to it.

˄

Monitoring of offending parties:

Archiving the web content of offending

parties provides a digital portfolio of information about the opposition,

and provides evidence for cases relating to web content (e.g., copyright

infringement).

˄

Protecting digital assets:

Snapshots of web content can be filed with

regulators like the US Trademark Office to create a digital record of a

company’s online assets.

NAVIGATION PANEL

CLIENT PROFILE AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR LEGAL PURPOSES

NAVIGATION PANEL

CLIENT PROFILE AND LEGAL CHALLENGES

THE PAGEFREEZER

SOLUTION

ARCHIVING FOR LEGAL PURPOSES

ABOUT PAGEFREEZER

p-

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Case Study: FOOD INDUSTRY About PageFreezer

About PageFreezer

PAGEFREEZER.COM IS THE LEADING SOLUTION FOR ARCHIVING,

MANAGING, RETAINING AND REPLAYING DYNAMIC WEB CONTENT

FOR GOVERNMENT AGENCIES AND COMPANIES. IT PROVIDES AN

INTEGRATED SOLUTION FOR WEBSITE ARCHIVING, REGULATORY

COMPLIANCE, E-DISCOVERY AND LITIGATION SUPPORT.

PageFreezer is a powerful online SaaS service that requires no software installation, setup or configuration. Your account can be set up and archiving website, blog, intranet and social media content within an hour of signing a subscription.

PageFreezer is brought you by PageFreezer Software, Inc., with 4 offices worldwide in the USA, Canada, Europe and Australia.

Copyright

© PageFreezer Software Inc., 2014. This document, and any portion thereof, may not be quoted, reproduced, copied, disseminated or otherwise distributed without the express written permission of PageFreezer Software Inc..

PageFreezer Software, Inc.

500-311 Water street Vancouver, BC V6B 1B8 Canada

Phone: +1 888 916 3999 www.pagefreezer.com [email protected]