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

Recording of a 90-minute CLE video 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 Wednesday, January 31, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance for counsel in drafting and responding to discovery requests for private data and social media discovery and collaborative technologies, such as Teams or Google Suite. The webinar will also discuss strategies to leverage this evidence at trial or in settlement negotiations.

Description

Litigators must know how to efficiently gather information from social media and how to use this information throughout the course of the case, at trial, or for settlement.

Social media remains a top source of evidence, but relevancy, privacy, and proportionality considerations have increased and mandate tight, narrowly tailored requests. Form discovery requests are fodder for objections.

Cloud and collaboration apps, such as Teams or Google Suite, add new, complicated layers to the discovery process. These platforms are often unstructured and operate much like texting, which encourages informality that can make identifying custodians, persevering the information, and then drafting and responding to requests tricky. Careful attention must be paid to the context of these text-like communications to avoid misrepresenting or misinterpreting the information.

Listen as our panel discusses critical strategies in successfully drafting discovery requests to seek social media and collaborative app 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.

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Outline

  1. Strategies for drafting and responding to discovery requests
    1. Social media
    2. Collaborative apps
  2. Privacy concerns regarding native format of social media data
  3. Proportionality considerations regarding collaborative app data
  4. Recent federal and state court trends
  5. 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 and collaborative app information during discovery?
  • How are courts weighing parties' privacy concerns when determining what social media information is discoverable?
  • How can counsel leverage social media and collaborative app information obtained via discovery during litigation or settlement discussions?

Faculty

Lieb, Laurence
Laurence D. Lieb, CCPA, CASA, COSFE, CBE, FEXE

Founder & Managing Partner
Tyger Forensics

Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. ...  |  Read More

Molster, Charles
Charles B. Molster, III

Founder
The Law Offices of Charles B. Molster III

Mr. Molster has extensive experience as a trial lawyer handling complex litigation matters in federal and state courts...  |  Read More

Tourikis, Kiriaki
Kiriaki Tourikis

Attorney
Reed Smith

Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video