Insurance Litigation: Getting Social Media, Internet and Other Electronic Evidence Authenticated and Admitted at Trial

Overcoming the Hurdles of Relevance, Reliability, Hearsay and Privacy, Balancing Ethical and Privacy Considerations

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

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Conducted on Tuesday, March 15, 2016

Recorded event now available

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Course Materials

This CLE course will provide insurance litigators with the tools needed for getting electronic evidence admitted at trial -- authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations and privacy issues that counsel must weigh in using social media evidence.

Description

The use of Internet content, social networking websites, and email communication changed how counsel investigates and tries cases. Counsel must tackle the challenges of getting the evidence admitted at trial, while sources of obtaining electronic evidence during discovery are plentiful, sometimes too much so.

There is a rapidly growing body of law addressing authentication of electronic evidence obtained from the Internet and social media sites and counsel must understand the latest case law developments. Litigators face other evidentiary hurdles, including reliability and the hearsay nature of electronic and digital evidence.

Additionally, 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 insurance litigators discusses the legal, practical and ethical implications of using electronic evidence obtained from social media networks, the Internet and email at trial. The panel will guide you through what is necessary to get electronic evidence authenticated and admitted at trial.

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Outline

  1. Authentication methods
  2. Relevance and undue prejudice
  3. Hearsay
  4. Ethical considerations and privacy considerations
  5. Latest case law developments

Benefits

The panel will address 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

Andrew B. Downs
Andrew B. Downs
Shareholder
Bullivant Houser Bailey

Mr. Downs has been litigating and counseling clients regarding complex commercial and insurance coverage litigation,...  |  Read More

Michael B. Rush
Michael B. Rush
Potter Anderson Corroon

Mr. Rush serves as counsel for policyholders in complex insurance coverage litigation against their insurers. These...  |  Read More

Erin L. Webb
Erin L. Webb
Blank Rome

Ms. Webb’s practice focuses on representing policyholders in insurance coverage litigation, and she has...  |  Read More

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