Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence
Finding and Obtaining Admissions by Opponents on Twitter, Instagram, Facebook, Reddit, YouTube and Other Social Media Sites
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, guidance on sending spoliation warning letters for social media posts, and a roadmap for subpoenas of social media evidence (including finding “John Doe”) 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
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 tactics 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
Steven Brower
Shareholder
Buchalter
Mr. Brower’s practice emphasizes litigation particularly in the areas of business insurance coverage, real... | Read More
Mr. Brower’s practice emphasizes litigation particularly in the areas of business insurance coverage, real estate, computer technology (including e-discovery) and intellectual property. He also regularly handles matters related to general business litigation including trade secrets, embezzlement, construction, contract disputes and fraud. He handles all aspects of civil litigation from inception through conclusion. He published an article on locating social media issues in litigation, Finding John Doe.
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Marcus R. Chatterton
Partner
Balch & Bingham
Mr. Chatterton is a tech-minded litigator experienced in intellectual property, social media, smart grid,... | Read More
Mr. Chatterton is a tech-minded litigator experienced in intellectual property, social media, smart grid, electronic data, and general technology issues. He represents large and small businesses, inventors, and creative clients in copyright, patent, trademark, and trade secret disputes. Mr. Chatterton often advises clients on strategies to protect IP, handle large volumes of data from systems like the smart grid or automated metering technologies, or to navigate internet commerce issues and information governance.
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Margaret Twomey
Lueder Larkin & Hunter
Ms. Twomey focuses on liability defense. A large portion of her practice is the defense of personal injury claims,... | Read More
Ms. Twomey focuses on liability defense. A large portion of her practice is the defense of personal injury claims, in which social media can play a huge role. She has experience with discovery disputes regarding social media, including assisting with multiple successful motions to compel social media content.
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