Social Media Admissions in Insurance Litigation: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence
Finding and Obtaining Evidence Adverse to Opponents From Twitter, Instagram, Facebook, YouTube and Other Sites
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to insurance litigators for mitigating the risks that social media posts frequently pose for plaintiff/policyholders as well as tips for insurers to track down admissions on social media sites. The panel will discuss best practices for advising plaintiff/policyholders regarding their online posts and complying with the evidentiary duty to preserve social media postings. The panel will also outline strategies for drafting discovery requests by insurers 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.
Outline
- Locating social media posts by opposing parties and third parties
- Discovery requests regarding social media accounts
- Spoliation warning letters
- Subpoenas to social media sites for evidence to be used at trial
- Admissibility of social media posts at trial
- Recent case law regarding spoliation of social media evidence
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 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
Donald Patrick Eckler
Partner
Pretzel & Stouffer
Mr. Eckler handles a wide variety of civil disputes in state and federal courts across Illinois and Indiana. His... | Read More
Mr. Eckler handles a wide variety of civil disputes in state and federal courts across Illinois and Indiana. His practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. His coverage practice for insurers and the insured involves commercial general liability and personal lines policies, issues involving the duties to defend and indemnify, bad faith and the application of exclusions. His tort defense work involves representing nursing homes and long-term-care facilities, product manufacturers and distributors, trucking concerns and premises owners.
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D. Carolina Lopez
Vocke Law Group
Ms. Lopez concentrates her litigation practice on representing insurance companies in first and third party... | Read More
Ms. Lopez concentrates her litigation practice on representing insurance companies in first and third party actions, focusing on coverage, property, and liability disputes. Her experience includes handling complex claims and regulatory investigations, bad faith claims, complex coverage matters, and varying types of insurance disputes from catastrophic property losses to construction defects and professional liability. She previously was a member of AIG’s New York based excess casualty legal group, which involved providing underwriters with legal assistance in terms of policy and manuscript drafting, contract review, and regulatory and statutory compliance.
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