Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence

Finding and Obtaining Admissions by Opponents on Twitter, Instagram, Facebook, Reddit, YouTube and Other Social Media Sites

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


Conducted on Thursday, October 26, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, guidance on sending spoliation warning letters for social media posts, and a roadmap for subpoenas of social media evidence (including finding “John Doe”) in a format that will be admissible at trial.

Description

As of 2017, 81% of Americans have a social media profile. Savvy litigators know that Twitter, Instagram, Facebook, Reddit, YouTube and other social media sites are likely to contain admissions by party opponents. Knowing how to locate and retrieve this evidence in a format admissible at trial is essential.

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

Listen as our authoritative panel analyzes best practices for locating social media posts by opposing, and relevant third, parties; discovery requests that will uncover hidden social media accounts; warnings against spoliation of this crucial evidence; and strategies for obtaining social media posts from providers for use at trial.

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Outline

  1. Locating social media posts by opposing parties and 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 panel will review these and other key issues:

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

Faculty

Brower, Steven
Steven Brower

Shareholder
Buchalter

Mr. Brower’s practice emphasizes litigation particularly in the areas of business insurance coverage, real...  |  Read More

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

Twomey, Margaret
Margaret Twomey

Lueder Larkin & Hunter

Ms. Twomey focuses on liability defense. A large portion of her practice is the defense of personal injury claims,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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