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90-minute live streaming program
  • October 15
  • 1:00 - 2:30 pm EST

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OnDemand Webinar
Audio & Reference Manual

Social Media Discovery: What All Attorneys Must Know

October 15

Become familiar with social media evidence and learn the law and technology parameters as to preserving, requesting and producing such information.

Many civil litigators overlook that social media is often a rich source of discoverable evidence, like any other electronically stored information (ESI). This material will highlight the many ways that social media evidence can have a significant impact on the merits of a case. You will be informed about the ways in which your client can seek and use social media evidence, and, when needed, object to the other side’s overbroad requests and attempted uses.

This information helps attorneys understand first, what types of social media evidence are available and from which sites. Next, to help you strategize in your cases, we will explore how ill-advised posts have been impactful in a number of infamous disputes. Then, there will be a brief overview of some ethical guidelines requiring attorneys to be familiar with social media.

Then, you will hear about considerations for preserving (including ethically) and collecting social media information. As to discovery requests and responses, you will receive pointers on how to aptly request social media data and how to object to overly broad and/or intrusive requests. Finally, there will be an overview of admissibility issues as to motions, hearings and trials.

Bonus: The speaker will display for you various demonstrations – in real time – directly from his computer Desktop. These demos will cover privacy settings, messaging parameters and the vast information sets (‘archives’) a user can readily download from his/her Facebook®, Twitter® and/or LinkedIn® accounts.

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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Strange Things People Post

  • Definition (Broad Scope) of Types Social Media/Networking
  • Examples of "Smoking Gun" Posts/Messages/Comments
  • Frequent User Mistakes as to:

– Privacy Settings

– Reply-All-Type Posts vs. Private Messages

Attorney Ethics as to Social Media

  • Familiarity Obligation
  • Activities as to Judges, Opposing Parties, Witnesses and Jurors
  • Advising Clients Day-to-Day
  • Representing Litigation Clients

– Preservation vs. Spoliation

– Understanding How Posts Can Be Pivotal to a Claim or Defense, e.g., in These Types of Cases: Employment and Personal Injury

Social Media's Discoverability in Civil Litigation

  • Who Are the Parties That Are Likely Targets for Production Requests?
  • What Are the Legal Standards for Discoverability, Including Scope and Privacy?
  • Where Can You Find Tools Enabling Defensible Collection?
  • Why Will "Not Reasonably Acceptable" Often Be an Inapt Objection?

– Federal and State Legal Standard(s) as to "Undue Burden or Cost"

– Demos of Ready Availability of Rich "Archives" From Facebook®, Twitter® and LinkedIn®

  • When Will Federal Stored Communication Act (SCA) Present a Barrier to Non-Party Subpoenas?

Downstream – Admissibility of Social Media Evidence in Motions, Hearings and Trials

  • Authentication Issues
  • Other Potential Admissibility Requirements and Objections
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on April 25, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AK CLE 1.5 including Ethics 0.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 0.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 0.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 0.5 hours of ethics credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5 including Ethics 0.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 0.50 hours of ethics credit.
     
  • CO CLE 2.0 including Ethics 0.6
     
  • This program may qualify for 2.0 credit hours including 0.6 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • DE CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 0.5 hours of enhanced ethics credit.
     
  • FL CLE 2.0 including Ethics 0.5
     
  • This course has been approved by The Florida Bar for 2.0 hours of CLE credit, including 0.50 hours of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 0.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 0.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 0.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 0.5
     
  • Social Media Discovery: What All Attorneys Must Know is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit, including 0.50 hours of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
     
  • IN CLE 1.5 (Pending)
     
  • This program has been submitted to the Indiana Commission for Continuing Legal Education for Distance Education for participating attorneys. Application Pending.
     
  • KS CLE 1.5
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours.
     
  • KY CLE 1.5 including Ethics 0.5
     
  • This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 1.5 credits, including 0.50 ethics credit.
     
  • LA CLE 1.5
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours.
     
  • ME CLE 1.5 including Ethics 0.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 0.50 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 0.50 hours of ethics credit.
     
  • MO CLE 1.8 (Pending)
     
  • MS CLE 1.5 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • MT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 0.50 hours of ethics credit.
     
  • NC CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 0.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • NE CLE 1.5 including Professional Responsibility 0.5
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska, including 0.50 hours of professional responsibility credit.
     
  • NH MCLE 1.5 including Ethics 0.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 90 minutes of legal ethics credit.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 0.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 0.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 including Professional Conduct 0.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Professional Conduct for 0.50 hours. Please note that in order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks
     
  • OK CLE 2.0 including Ethics 0.5
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.50 hours are credits covering legal ethics.
     
  • OR CLE 1.5 including Ethics 0.5
     
  • Approved for 1.5 CLE credits in Oregon, including 0.50 hours of ethics credit.
     
  • PA CLE 1.5 including Ethics 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 0.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • TN CLE 1.5 including Dual 0.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 0.50 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 0.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 0.50 hour will apply to legal ethics/professional responsibility. Lorman Education Services is an accredited sponsor approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 0.50 hour will apply to legal ethics/professional responsibility.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 0.50 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 0.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit, including 0.50 hours of ethics credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8 including Ethics 0.6
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 0.6 hours of ethics credit.
     
  • NALA 1.5
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for (s) hours.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 0.5
     
  • Arizona CLE 1.5 including Ethics 0.5
     
  • CA MCLE 1.5 including Ethics 0.5
     
  • GA CLE 1.5 including Ethics 0.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5 including Ethics 0.5; Legal Ethics 0.5
     
  • ME CLE 1.5 including Ethics 0.5
     
  • MT CLE 1.5 including Ethics 0.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5 including Ethics 0.5
     
  • NV CLE 1.5 including Ethics 0.5
     
  • OR CLE 1.5 including Ethics 0.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5 including Ethics 0.5
     
  • WA CLE 1.5 including Ethics 0.5
     
  • WV MCLE 1.8 including Ethics 0.6
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert D. Brownstone, Esq.

Robert D. Brownstone, Esq.

Fenwick & West LLP

  • Technology & eDiscovery Counsel and Electronic-Information-Management (EIM) Group chair at Fenwick & West LLP, a 350-plus-attorney, Silicon Valley based, national law firm
  • Advises clients and colleagues on electronic discovery, EIM and retention/destruction policies/protocols, social media rewards and risks, information security and data privacy
  • As to many law and technology issues, nationwide conference chair, speaker and writer including on the www.ITLawToday.com blog
  • Has taught electronic discovery law and process at four law schools
  • Frequently quoted in the press as a source on electronic information issues
  • Advisory board member, National Employment Law Institute
  • Advisory board member, American Lawyer Media (ALM) Legal Tech conferences
  • J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College
  • Can be contacted at [email protected]
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Product ID: 404245
Published 2017, 2018
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