Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay Challenges
A live 90-minute CLE video webinar with interactive 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
Partner
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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Tyler Zmick
Attorney
Duane Morris
Mr. Zmick is a member of the firm’s Class Action Defense Group. He represents clients in complex privacy and... | Read More
Mr. Zmick is a member of the firm’s Class Action Defense Group. He represents clients in complex privacy and consumer-related class actions and in individual and complex claims arising under federal and local employment laws, such as Title VII, the Fair Labor Standards Act, and federal labor laws. Mr. Zmick defends companies in class action litigation involving the Illinois Biometric Information Privacy Act and counsels them on the rapidly evolving landscape of privacy legislation, including biometric-specific statutes and broader information privacy statutes. He also represents employers in complex discrimination and wage-and-hour cases, and he has defended clients with a national presence in numerous industries, including health care, retail and e-commerce, telecommunications, food processing, finance, and transportation.
CloseEarly Discount (through 08/01/25)