Social Media Evidence: What Every Litigator Needs to Know

Social media has become one of the most valuable sources of evidence in modern litigation. This session provides litigators with an overview of all things social media, including how to find, preserve, authenticate, and utilize social media evidence, with practical guidance on the pitfalls that can get you sanctioned or cost your client the case.

Learning Objectives

• Identify when the duty to preserve social media evidence attaches, and the sanctions risk for getting it wrong

• Navigate the ethical rules governing collection of social media evidence, including contact, deception, third-party use, and juror research

• Understand the formal discovery tools available for obtaining social media evidence from parties and non-parties, including the limits imposed by the Stored Communications Act

• Apply authentication standards to establish authorship of social media content

• Distinguish authentication from admissibility, and apply hearsay exceptions and the best evidence rule to social media posts

• Use deposition testimony to lock in social media evidence before it can be altered, deleted, or explained away

This CLE is provided by Lawline. To earn your credit, click the Play button above.