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Social Media Discovery: What All Attorneys Must Know

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.

91 minutes
Certificate of Completion
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Why Lorman?

Over 34 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 34 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 15, 2019.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory 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.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • 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.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 34 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 where he has been a lawyer and technologist for 20 years
  • Advises clients and colleagues on retention/destruction policies/ protocols, information security, data privacy, all sorts of electronic information management, electronic discovery, eWorkplace policies and social media rewards and risks
  • 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 nationwide a dozen times at four 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]
  • Full bio and extensive bibliography at https://www.fenwick.com/professionals/Pages/bobbrownstone_insights.aspx
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Why Lorman?

Over 34 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
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  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406393
Published 2019
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