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

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


Conducted on Thursday, July 19, 2018

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

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.

Although many litigators would like to obtain the entirety of a party’s social media history in its native format, 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, as well as showing 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 most effectively leverage this information at trial or in settlement negotiations.

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Outline

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

Benefits

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?

Faculty

Fisher, Donna
Donna L. Fisher

Partner
Pepper Hamilton

Ms. Fisher concentrates her practice in civil litigation, with an emphasis in the defense of pharmaceutical and medical...  |  Read More

Hamilton, Matthew
Matthew J. Hamilton

Partner
Pepper Hamilton

Mr. Hamilton has more than 20 years of experience representing clients in complex pharmaceutical products liability and...  |  Read More

Southwick, Jessica
Jessica K. Southwick

Atty
Pepper Hamilton

Ms. Southwick concentrates her practice on the counseling and defense of companies with products regulated by the FDA,...  |  Read More

Other Formats
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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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