Insight Center: Events & Webinars

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

Speakers: Donna L. Fisher, Matthew J. Hamilton and Jessica K. Southwick

1:00-2:30 PM (ET); 10:00-11:30 AM (PT)
Social Media Evidence: Tactics for Discovery, Use at Trial and Settlement Negotiations

Presented by Strafford Publications, Inc.

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.

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.

The panel will discuss 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.

Donna L. Fisher, Partner, Pepper Hamilton LLP
Matthew J. Hamilton, Partner, Pepper Hamilton LLP
Jessica K. Southwick, Associate, Pepper Hamilton LLP

CLE credit available.

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