Social Media and Employment Litigation

Analyzing Recent Case Law, NLRB Activity and E-Discovery Challenges

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

Conducted on Wednesday, August 8, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare employment counsel to navigate the challenges of litigating cases involving workplace disputes over social media. The panel will discuss unique e-discovery issues in these cases, and best practices for pursuing or defending litigation and minimizing liability exposure.


Social media use by employers and employees has exploded, giving rise to new types of workplace disputes involving novel legal theories and defenses, and creating a number of complex questions and grey areas for employment counsel, federal agencies and the courts.

Many employment disputes involving social media have centered around privacy and ownership rights to social media accounts. In addition to individual lawsuits, there have been a number of cases filed under the National Labor Relations Act (NLRA) concerning employee use of social media in non-union companies.

Pursuing or defending cases involving social media is difficult since case law in this area is sparse and evolving and there is limited precedent to guide counsel. While the best strategy for employers is a proactive social media policy, recent cases can be useful in developing effective litigation tactics.

Listen as our authoritative panel discusses how the courts and the National Labor Relations Board are addressing employment cases involving social media. The panel will examine the most common types of disputes involving employers and employees, unique e-discovery issues in these cases, and best practices for pursuing or defending litigation and minimizing liability exposure.



  1. Disputes between employers and employees concerning ownership of social media accounts and privacy
    1. Litigation trends
    2. Best practices for minimizing disputes
    3. Litigation strategies for employers
  2. The NLRA and Efforts to Control Employee Use of Social Media
    1. NRLB Guidance
    2. Recent NLRB cases
    3. Best practices for minimizing disputes
    4. Litigation strategies for employers
  3. E-discovery issues in employment cases involving social media
    1. Challenges in preserving and gathering social media e-discovery
    2. Challenges in producing or obtaining social media e-discovery


The panel will review these and other key questions:

  • How are the courts and NLRB addressing cases involving workplace disputes over social media?
  • What are some effective trial strategies for counsel pursuing or defending social media suits?
  • How should employment counsel manage the unique discovery and e-discovery challenges that arise in social media cases?
  • What policies and processes should counsel advise employers to proactively establish to minimize social media claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jeffrey E. Gross
Jeffrey E. Gross

Vandenberg & Feliu

His practice includes complex civil litigation, plus regulatory and corporate investigations. He has represented...  |  Read More

Christopher D'Angelo
Christopher D'Angelo

Vandenberg & Feliu

He represents management clients in all aspects of labor and employment law. He has litigated and advised clients in...  |  Read More

Stephanie L. Giammarco, MA, CPA, CITP, CFE, CFF
Stephanie L. Giammarco, MA, CPA, CITP, CFE, CFF

BDO Consulting

She has more than fourteen years of experience providing litigation support in matters involving financial statement...  |  Read More

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