Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay Challenges
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide employment litigators with best practices for dealing with social media evidence during discovery and trial. The panel will discuss challenges with the admission at trial of social media evidence, authenticating the evidence, proving its relevancy, and making or overcoming hearsay objections.
Outline
- Discovery considerations
- Authentication
- Relevance and undue prejudice
- Hearsay
- Ethical considerations
Benefits
The panel will review these and other key issues:
- What issues are the most challenging for courts considering the authentication of social media evidence during employment trials?
- What are the best practices for overcoming hearsay and reliability concerns regarding social media evidence?
- How have courts viewed the expectation of privacy on social networking websites when deciding whether social media evidence is admissible at trial?
Faculty
Corwin J. Carr
Attorney
Barack Ferrazzano Kirschbaum & Nagelberg
Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment... | Read More
Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.
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Heather M. Sager
Partner
Perkins Coie
Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour... | Read More
Ms. Sager has wide-ranging experience litigating complex wage-and-hour claims, as well as conducting wage-and-hour audits for clients grappling with the Fair Labor Standards Act, the California Labor Code, and the California Equal Pay Act. Her practice was established at the forefront of the wage-and-hour class and collective actions that are now commonplace throughout the country. Ms. Sager emphasizes proactive risk management to avoid litigation and employs efficient and aggressive strategies to help her clients minimize exposure when faced with class, collective, representative, multi-plaintiff, or single-plaintiff lawsuits. As part of due diligence, she also provides risk assessments of wage-and-hour exposure, as well as policy and procedure audits both pre- and post-merger. Ms. Sager is active in counseling and training employers on workplace harassment prevention and unconscious bias and regularly conducts workplace investigations into allegations of inappropriate conduct. Her experience also extends to the traditional labor realm, where she has helped clients prevail in elections, obtained injunctive relief to stop inappropriate union conduct, defeated organizing campaigns, and appeared before the National Labor Relations Board on countless issues.
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