Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay Challenges

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, May 12, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 23, 2021

or call 1-800-926-7926

This CLE webinar 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.

Description

The abundance of personal information easily accessible on social media websites has altered how employment litigators investigate and try cases. Recent case law confirms that social media content plays a critical role during discovery and trial.

While the sources of social media evidence are plentiful and social media evidence is easy to obtain, getting the evidence admitted at trial poses unique challenges. Courts are inconsistent in addressing authentication issues regarding electronic evidence, creating questions and gray areas for employment litigators.

Employment counsel also face obstacles to the admission of social media evidence on reliability concerns and the hearsay nature of the evidence from social media websites. Further, employment litigators must consider the legal ethics of using arguably private information to help prove or defend their cases.

Listen as our authoritative panel of employment litigators discusses the legal, practical, and ethical implications of gathering social media evidence during discovery and then using it at the trial of employment lawsuits.

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Outline

  1. Discovery considerations
  2. Authentication
  3. Relevance and undue prejudice
  4. Hearsay
  5. 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
Marcia Nelson Jackson

Partner
Wick Phillips

Ms. Jackson's practice includes all aspects of employment and labor law, strategic client counseling,...  |  Read More

Painter, Ann Marie
Ann Marie Painter

Partner
Perkins Coie

Ms. Painter focuses her practice on defending employers in employment litigation matters, including wage and hour...  |  Read More

Attend on May 12

Early Discount (through 04/23/21)

Cannot Attend May 12?

Early Discount (through 04/23/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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