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
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.
Outline
- Authentication methods
- Relevance and undue prejudice
- Hearsay
- Ethical considerations and privacy considerations
- 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
Shareholder
Bullivant Houser Bailey
Mr. Downs has been litigating and counseling clients regarding complex commercial and insurance coverage litigation,... | Read More
Mr. Downs has been litigating and counseling clients regarding complex commercial and insurance coverage litigation, including the defense of class actions, for over 30 years. He represents national and international insurance companies in connection with complex coverage and bad faith claims under first-party property, fidelity, inland marine and ocean marine policies and under specialized third-party policies, including D&O and E&O policies.
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Michael B. Rush
Potter Anderson Corroon
Mr. Rush serves as counsel for policyholders in complex insurance coverage litigation against their insurers. These... | Read More
Mr. Rush serves as counsel for policyholders in complex insurance coverage litigation against their insurers. These actions involve claims relating to various types of commercial general liability and property coverage, including environmental damage, asbestos liability, and 9/11 liability, as well as disputes involving insurance brokers.
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Erin L. Webb
Blank Rome
Ms. Webb’s practice focuses on representing policyholders in insurance coverage litigation, and she has... | Read More
Ms. Webb’s practice focuses on representing policyholders in insurance coverage litigation, and she has significant experience working to obtain insurance coverage for energy utility companies. She has experience in every stage of litigation relating to a wide variety of policies. She also serves as Social Media Subcommittee Co-Chair for the American Bar Association’s Insurance Coverage Litigation Committee.
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