Admitting Social Media Evidence in Employment Litigation
Overcoming Authentication, Relevance and Hearsay Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide employment litigators with best practices for dealing with social media evidence during discovery and at 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

Marcia Nelson Jackson
Partner
Wick Phillips
Ms. Jackson's practice includes all aspects of employment and labor law, strategic client counseling,... | Read More
Ms. Jackson's practice includes all aspects of employment and labor law, strategic client counseling, preventative training, and internal investigations. In addition to representing employers in single and multi-plaintiff employment lawsuits under federal statutes and state laws, she regularly represents clients in wage and hour collective actions filed under the Fair Labor Standards Act.
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Ann Marie Painter
Partner
Perkins Coie
Ms. Painter focuses her practice on defending employers in employment litigation matters, including wage and hour... | Read More
Ms. Painter focuses her practice on defending employers in employment litigation matters, including wage and hour compliance, all categories of alleged discrimination and harassment and retaliation, wrongful termination, breach of contract, retaliation, and unfair competition. She regularly litigates in state and federal courts. She writes and lectures on labor and employment subjects.
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