Social Media Discovery: What All Attorneys Must Know (OnDemand Webinar)

$199.00

SKU: 406393EAU

Description

Become familiar with social media evidence and learn the law and technology parameters as to preserving, requesting and producing such information.
Litigators should not overlook that social media, like any other electronically stored information (ESI), is often a rich source of discoverable evidence. 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 and its associated materials help attorneys understand first, what types of social media evidence are available and from which sites. Then, there will be a brief overview of some ethical guidelines requiring attorneys to be familiar with social media. Next, to help you strategize in your cases, we will explore how illadvised posts have been impactful in various types of infamous disputes. There will also be a deep dive into considerations for preserving (including ethically) and collecting social media information. You will receive pointers on how to aptly request social media data and how to object to overly broad andor 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 hisher Facebook, Twitter andor LinkedIn accounts.

Date: 2019-10-15 Start Time: End Time:

Learning Objectives

Strange Things People Post
• Introduction/Resources
• Definition (Broad Scope) of Types of Social Media/Networking
• Strange Things People Post
• Frequent User Errors as to
• Privacy Settings
• Reply-All-Type Posts vs. Private Messages

Attorney Ethics as to Social Media
• Familiarity Obligation
• Activities as to Opposing Parties, Adverse 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:
• Copyright
• Employment
• Personal Injury
• Privacy Invasions (Including HIPAA, Misappropriation of Likeness, etc.)

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 Concerns?
• Where Can You Find Tools Enabling Defensible Collection?
• Why Will Not Reasonably Acceptable Typically 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 the 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

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Robert D. Brownstone, Esq.-Fenwick & West LLP