Social Media Evidence: Strategies for Discovery, Use at Trial and Settlement Negotiations

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 20, 2020

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel in drafting and responding to private data and social media discovery requests. The webinar will also discuss strategies to leverage social media evidence at trial or in settlement negotiations.


With millions of people sharing photographs, thoughts, and details of their daily lives on social media, litigators must learn how to efficiently gather this information during discovery to use it as an evidentiary tool.

Many litigators would like to obtain the entirety of a party's social media history in its native format. However, courts are carefully weighing privacy concerns and mandating that requests for social media meet the relevance and proportionality criteria outlined in the 2015 amendments to the Federal Rules of Civil Procedure.

As a result, both state and federal courts have required discovery requests seeking online data to be narrowly tailored concerning time and scope and to show that the information requested cannot be gathered by less intrusive means.

Listen as our panel discusses critical strategies in successfully drafting discovery requests to seek social media data, as well as best practices when responding to such requests from an opposing party. The panel will also analyze how to leverage this information at trial or in settlement negotiations most effectively.



  1. Strategies for drafting and responding to social media discovery requests
  2. Privacy concerns regarding native format of social media data
  3. Recent federal and state court trends
  4. Leveraging social media and private data evidence at trial and during settlement


The panel will review these and other relevant topics:

  • What are the most successful strategies for requesting social media information during discovery?
  • How are courts weighing parties' privacy concerns when determining what social media information is discoverable?
  • What types of social media discovery requests are objectionable?
  • How can counsel leverage social media information obtained via discovery during litigation or settlement discussions?


Fisher, Donna
Donna L. Fisher

Senior Counsel
Troutman Pepper

Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil...  |  Read More

Hamilton, Matthew
Matthew J. Hamilton
Troutman Pepper

Mr. Hamilton Partner in Troutman Pepper’s Philadelphia office. He has more than twenty-four years’...  |  Read More

Southwick, Jessica
Jessica K. Southwick

Eckert Seamans Cherin & Mellott

Ms. Southwick is an experienced litigation and regulatory attorney with a strong background in serving the health care...  |  Read More

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