Social Media, Internet and Email: Admissibility of Electronic Evidence at Trial
Overcoming the Challenges of Authentication, Relevance and Hearsay to Get Evidence Admitted
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, August 29, 2012
Recorded event now available
This CLE webinar will provide trial counsel with best practices for getting social media evidence admitted at trial, authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations counsel must weigh in using social media evidence.
Description
The use of Internet content, social networking websites, and email communication has altered how practitioners investigate and try cases. While the sources of obtaining electronic evidence during discovery are plentiful, the challenge is getting the evidence admitted at trial.
There is a growing body of law addressing authentication of electronic evidence obtained from the Internet and social media sites, but courts rulings are not predictable. Litigators face other evidentiary hurdles, including reliability and the hearsay nature of this evidence.
Privacy concerns pose some limitations on using information from social networking sites. Practitioners and their clients must also understand the ethical considerations of using such information in litigation and in participating in social networking sites themselves.
Listen as our panel of litigators discusses the legal, practical and ethical implications of using electronic evidence obtained from social media networks, the Internet and email at trial.
Outline
I. Authentication
II. Relevance and undue prejudice
III. Hearsay
IV. Ethical considerations
Benefits
The panel will review these and other key questions:
- What issues are most difficult for courts considering the authentication of social media evidence?
- What are best practices for overcoming hearsay concerns for Internet and email communication?
- How have courts viewed the expectation of privacy on a networking site that is secured by some form of privacy protection?
Faculty
David J. Walton, Member
Cozen O’Connor, West Conshohocken, Pa.
He concentrates his practice on all aspects of employment litigation and has extensive experience in litigating matters involving restrictive covenants, trade secrets, fiduciary duties, and defending discrimination lawsuits. He is also an expert in the emerging area of e-discovery. He is an active member of The Sedona Conference and a contributing member of its drafting team on proportionality.
Todd L. Nunn, Partner
K&L Gates, Seattle
His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.
Nicole D. Galli, Partner
Benesch Friedlander Coplan & Aronoff, Philadelphia
She counsels clients in the emerging area of social media, where the issues that arise can overlap a number legal disciplines, as well as raise new issues not yet addressed by existing law. She conducts audits of social media use to identify areas of potential concern or exposure, drafts necessary social media policies, and assists in training personnel on appropriate social media use.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available ten business days after the live event
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