Employment Litigation and Social Media Evidentiary Challenges

Issues Related to Authentication, Relevance and Hearsay

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 22, 2014

Recorded event now available

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Program Materials

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.


The abundance of employee personal information easily accessible on social media websites has altered the way employment litigators investigate and try cases. Recent case law confirms that social media content will continue to play a critical role during discovery and at trial.

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

Employment litigators also face obstacles to the admission of social media evidence in the form of reliability concerns and the hearsay nature of evidence obtained from social media websites. Further, employment litigators must take into account the ethical considerations 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.



  1. Discovery considerations
  2. Authentication
  3. Relevance and undue prejudice
  4. Hearsay
  5. Ethical considerations


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?


Marcia Nelson Jackson
Marcia Nelson Jackson

Wick Phillips

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

Ann Marie Painter
Ann Marie Painter

Perkins Coie

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

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