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

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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.

Litigators should not overlook that social media, like any other electronically stored information (ESI), is often a rich source of discoverable evidence. This topic 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 and its associated materials help attorneys understand first, what types of social media evidence are available and from which sites. Then, there will be a brief overview of some ethical guidelines requiring attorneys to be familiar with social media. Next, to help you strategize in your cases, we will explore how ill-advised posts have been impactful in various types of infamous disputes. There will also be a deep dive into considerations for preserving (including ethically) and collecting social media information. 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 32 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
  • Introduction/Resources
  • Definition (Broad Scope) of Types of Social Media/Networking
  • Strange Things People Post
  • Frequent User Errors as to
    • Privacy Settings
    • ReplyAllType Posts vs. Private Messages
Attorney Ethics as to Social Media
  • Familiarity Obligation
  • Activities as to Opposing Parties, Adverse 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:
  • Copyright
  • Employment
  • Personal Injury
  • Privacy Invasions (Including HIPAA, Misappropriation of Likeness, etc.)
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 Concerns?
  • Where Can You Find Tools Enabling Defensible Collection?
  • Why Will Not Reasonably Acceptable Typically 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 the Federal Stored Communication Act (SCA) Present a Barrier to Nonparty 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 32 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
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education 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
     
  • 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.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • 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.
     
  • CA MCLE 1.5
     
  • 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.
     
  • CO CLE 2.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
     
  • FL CLE 2.0 including Ethics 1; Technology 2; Civil Trial 2
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 1.00 hour(s) of ethics credit and 2.00 hour(s) of Technology credit. This course has also been approved by The Florida Bar Certification Plan in the areas of Technology for 2.00 hours and Civil Trial for 2.00 hours. Course classification: Intermediate level.
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IA CLE 1.5
     
  • 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 toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
     
  • 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.
     
  • LA CLE 1.5 (Pending)
     
  • This program has been submitted to the Louisiana State Bar MCLE Committee for 1.5 CLE hours. Approval pending.
     
  • ME CLE 1.5
     
  • 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 under M. Bar R. 12.
     
  • MN CLE 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • ND CLE 1.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit.
     
  • NE CLE 1.5
     
  • 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.
     
  • NH MCLE 1.5
     
  • 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). Program Length: 90 Minutes.
     
  • 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
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • 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 Areas of Professional Practice for 1.50 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 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.5 CLE hours. Approval pending.
     
  • 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 (Pending)
     
  • MCLE Credit in Oregon is pending.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5 including Dual 1.5
     
  • 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 1.50 hours of dual credit.
     
  • TX MCLE 1.5
     
  • 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. 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.
     
  • 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
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure 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
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • NALA 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s).
     

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 including Ethics 0.5
     
  • IL CLE 1.5 including 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
     
  • NY CLE 1.5 including Ethics and Professionalism 0.5; Areas of Professional Practice 1
     
  • OR CLE 1.5
     
  • 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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Why Lorman?

Over 32 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 and e-discovery counsel, and Electronic-Information-Management (EIM) group chair at Fenwick & West LLP, a 300+attorney, Silicon Valley based, national law firm

• Advises clients and colleagues on e-workplace policies, electronic discovery, social media rewards and risks, retention/destruction policies/ protocols, information security, data privacy and all sorts of electronic information management

• Nationwide conference chair, panel moderator, speaker and writer on many law and technology issues, including on the www.ITLawToday.com blog

• Has taught electronic discovery law and process a dozen times at four nationwide law schools

• Periodically quoted in the mainstream and legal press as a source on electronic information issues

• Educational Advisory Board member of: National Employment Law Institute (NELI), ALM Legal Tech, ASU/Arkfeld and Rutgers U. Big Data

• J.D. degree, magna cum laude, Brooklyn Law School; B.A. degree, Swarthmore College

• Can be contacted at [email protected], or https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx

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Product ID: 406393
Published 2017, 2019
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