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Social Media Discovery: What All Attorneys Must Know
Thursday, April 19, 2018
Sponsored by Lorman Education Services
Become familiar with social media evidence and learn the law and technology parameters as to preserving, requesting and producing such information.
Many civil litigators overlook that social media is often a rich source of discoverable evidence, like any other electronically stored information (ESI). This material will highlight the many ways that social media evidence can have a significant impact on the merits of a case. You will be informed about the ways in which your client can seek and use social media evidence, and, when needed, object to the other side's overbroad requests and attempted uses.
This information helps attorneys understand first, what types of social media evidence are available and from which sites. Next, to help you strategize in your cases, we will explore how ill-advised posts have been impactful in a number of infamous disputes. Then, there will be a brief overview of some ethical guidelines requiring attorneys to be familiar with social media.
Then, you will hear about considerations for preserving (including ethically) and collecting social media information. As to discovery requests and responses, you will receive pointers on how to aptly request social media data and how to object to overly broad and/or intrusive requests. Finally, there will be an overview of admissibility issues as to motions, hearings and trials.
Bonus: The speaker will display for you various demonstrations - in real time - directly from his computer Desktop. These demos will cover privacy settings, messaging parameters and the vast information sets ('archives') a user can readily download from his/her Facebook®, Twitter® and/or LinkedIn® accounts.
Areas Covered in the Session:
Strange Things People Post
Attorney Ethics as to Social Media
Social Media's Discoverability in Civil Litigation
Downstream – Admissibility of Social Media Evidence in Motions, Hearings and Trials
Credit Information (Sponsored by Lorman Education Services):
Only registered attendee will receive continuing education credit.
Robert D. Brownstone, Esq., Fenwick & West LLP
(Not available outside the US)