Description:
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 topic 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, helps you strategize in your cases, we will explore how ill-advised posts have been impactful in a number of infamous disputes, and there will be a brief overview of some ethical guidelines requiring attorneys to be familiar with social media.
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.
Various demonstrations will be displayed that 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.
Strange Things People Post
• Definition (Broad Scope) of Types Social Media/Networking
• Examples of Smoking Gun Posts/Messages/Comments
• Frequent User Mistakes as to:
◦ Privacy Settings
◦ ReplyAllType Posts vs. Private Messages
Attorney Ethics as to Social Media
• Familiarity Obligation
• Activities as to Judges, Opposing Parties, Witnesses and Jurors
• Advising Clients Day-to-Day
• Representing Litigation Clients
◦ Preservation vs. Spoliation
◦ Understanding How Posts Can Be Pivotal to a Claim or Defense, e.g., in These Types of Cases: Employment and Personal Injury
Social Media's Discoverability in Civil Litigation
• Who Are the Parties That Are Likely Targets for Production Requests?
• What Are the Legal Standards for Discoverability, Including Scope and Privacy?
• Where Can You Find Tools Enabling Defensible Collection?
• Why Will Not Reasonably Acceptable Often Be an Inapt Objection?
◦ Federal and State Legal Standard(s) as to Undue Burden or Cost
◦ Demos of Ready Availability of Rich Archives From Facebook®, Twitter® and LinkedIn®
• When Will Federal Stored Communication Act (SCA) Present a Barrier to NonParty Subpoenas?
Downstream – Admissibility of Social Media Evidence in Motions, Hearings and Trials
• Authentication Issues
• Other Potential Admissibility Requirements and Objections
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
Robert D. Brownstone, Esq., Fenwick & West LLP
- Technology and e-discovery counsel and Electronic Information Management (EIM) group chair at Fenwick & West LLP, a 350+ attorney, Silicon Valley based, national law firm
- Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
- As to many law and technology issues, nationwide conference chair, speaker and writer including on the www.ITLawToday.com blog
- Has taught electronic discovery law and process at four law schools
- Frequently quoted in the press as a source on electronic information issues
- Advisory board member, National Employment Law Institute
- Advisory board member, American Lawyer Media (ALM) legal tech conferences
- J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
- Can be contacted at rbrownstone@fenwick.com
(Not available outside the US)