Securing Social Media Admissions in Employment Litigation: Investigative Strategies, Spoliation Warnings, Use of Subpoenas

Finding and Obtaining Adverse Employee Evidence on Social Media Sites

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


Conducted on Wednesday, January 3, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment litigators for tracking down admissions by current or former employees on social media sites, drafting discovery relating to social media accounts, sending spoliation warning letters for social media posts, and crafting subpoenas to obtain social media evidence in a format that will be admissible at trial.

Description

Savvy employment litigators know that admissions by current or former employees can often be found on Twitter, Instagram, Facebook, Reddit, YouTube and other social media sites. Knowing how to locate and retrieve this evidence in a format that can be used at trial is essential to destroying the employee’s case.

Due to the ever-changing landscape of social media outlets and the various privacy settings available to social media users, locating and preserving these admissions is daunting. Employment litigators must know the steps to take early in litigation to find and prevent spoliation of this critical evidence.

New amendments to FRE 902, effective Dec. 1, 2017, affect the standards for admissibility of digital evidence by removing authentication hurdles. Counsel must be well-versed in methods to obtain social media admissions in a format that will be admissible as evidence at trial.

Listen as our authoritative presenter analyzes best practices for locating social media posts by current and former employees as well as third parties, discovery requests that will uncover hidden social media accounts, warnings against spoliation of this crucial evidence, and tactics for obtaining social media posts from providers for use at trial.

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Outline

  1. Locating social media posts by current and former employees and related third parties
  2. Discovery requests regarding social media accounts
  3. Spoliation warning letters
  4. Subpoenas to social media sites for evidence to be used at trial
  5. Admissibility of social media posts at trial

Benefits

The presenter will review these and other key issues:

  • How can employment counsel locate social media accounts of current and former employees and related third parties?
  • When and to whom should spoliation warning letters be sent?
  • What discovery can be used to uncover hidden social media accounts?
  • How can employment counsel obtain social media posts from third-party providers?
  • What is required for the admission of social media posts at trial?

Faculty

Chatterton, Marcus
Marcus R. Chatterton

Partner
Balch & Bingham

Mr. Chatterton is a tech-minded litigator experienced in intellectual property, social media, smart grid,...  |  Read More

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