Social Media, Internet and Email Evidence at Trial: Admissibility of Electronic Evidence

Overcoming the Challenges of Authentication, Relevance and Hearsay to Get Evidence Admitted

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

Conducted on Tuesday, February 28, 2017
Recorded event now available

This CLE webinar will provide trial counsel with best practices for getting social media evidence admitted at trial, authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations that counsel must weigh when using social media evidence.


The use of internet content, social networking websites, and email communication has altered how practitioners investigate and try cases. While the sources of obtaining electronic evidence during discovery are plentiful, the challenge remains getting the evidence admitted at trial.

There is a growing body of law addressing authentication of electronic evidence obtained from the internet and social media sites, but court rulings are inconsistent and thus unpredictable. Litigators face other evidentiary hurdles, including reliability and the hearsay nature of this evidence.

Additionally, privacy concerns pose some limitations on using information from social networking sites. Practitioners and their clients must also understand the ethical considerations of using such information in litigation and in participating in social networking sites themselves.

Listen as our panel of expert litigators discusses the legal, practical and ethical implications of using electronic evidence obtained from social media networks, the internet and email at trial.


  1. Authentication
  2. Relevance and undue prejudice
  3. Hearsay
  4. Ethical considerations


The panel will review these and other key issues:

  • What issues have proven most difficult for courts considering the authentication of social media evidence?
  • What are best practices for overcoming hearsay concerns for internet and email communication?
  • How have courts viewed the expectation of privacy on a networking site that is secured by some form of privacy protection?


Nicole D. Galli, Managing Partner
Law Offices of N.D. Galli, Philadelphia

Ms. Galli focuses her practice on commercial litigation, including all forms of IP litigation, in federal and state courts and arbitration venues throughout the nation, as well as strategic legal risk management and IP counseling. Ms. Galli has litigated, through trial, a wide variety of IP and business disputes for clients in numerous industries including medical devices, software, consumer electronics, consumer products, automotive, energy, hospitality, food and beverage, construction, manufacturing and healthcare.

Mark Mermelstein, Partner
Orrick Herrington & Sutcliffe, Los Angeles

Mr. Mermelstein, a trial lawyer with more than 20 first-chair trials, specializes in white collar criminal defense and complex litigation. He is also Global Co-Chair of the firm’s Cybersecurity and Data Privacy team. Mr. Mermelstein has written many articles and has spoken extensively on many aspects of his practice. 


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CLE On-Demand Video $297.00

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Customer Reviews

Great applicability of the old rules to materials created in new formats.

Joel Ard

Foster Pepper

I appreciated the comprehensive overview of social media as it relates to authenticity and admissibility and fast paced exchange between speakers and moderator.

Brandon Bradley

Caffery, Oubre, Campbell & Garrison

The seminar was interesting and laid out the subject matter in a clear and organized manner.

Rebecca Grausam

Zarwin Baum

I liked the reference to cases and the confirmation that there are potentially difficult issues in this area even though in many cases admission of email chains, social media information and the like is routine.

Tom Laube

Sandler Lasry Laube Byer & Valdez

I enjoyed the content of Strafford's program and having access to other's thoughts was great.

Mark May

Cohen & Grigsby

or call 1-800-926-7926

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