Social Media and Collaborative App Evidence: Strategies for Discovery, Use at Trial and Settlement Negotiations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Wednesday, January 31, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance for counsel in drafting and responding to discovery requests for private data and social media discovery and collaborative technologies, such as Teams or Google Suite. The webinar will also discuss strategies to leverage this evidence at trial or in settlement negotiations.
Faculty

Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and information governance, data privacy, records and e-discovery. She advises large financial services institutions on enterprise data risk management strategies to manage legal and regulatory issues associated with both traditional and innovative techonologies and data sources.Ms. Tourikis' practice involves advising clients on lowering risk associated with using and storing information across jurisdictions. In her role, she counsels large financial institutions, on all aspects of data risk management and the discovery and management of electronic data, including: data migrations; technology implementation and management; the policies and procedures regarding the governance of information in various technologies; eDiscovery strategy and management; the use of data analytics for eDiscovery, compliance and risk management; the development of data source catalogues, disclosures, and responses relating to electronically stored information; and the remediation of legacy data (both paper and electronic).

Mr. Molster has extensive experience as a trial lawyer handling complex litigation matters in federal and state courts around the country and has provided extensive outside general counsel services to various corporate and other clients. His broad range of experience includes complex commercial litigation, patent litigation, corporate governance/shareholder advice and litigation, employment advice and litigation, and securities advice and litigation, among others. Mr. Molster regularly conducts CLE programs and other education presentations relating to various legal issues.

Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. He has testified in both federal and state courts on the subjects of computer and smartphone forensics. Mr. Lieb’s practice focuses on maximizing the limited dollars his clients have available for substantive legal work whilst minimizing wasted expense. Hey is committed to providing his expert work on pro bono matters as well as corporate matters.
Description
Litigators must know how to efficiently gather information from social media and how to use this information throughout the course of the case, at trial, or for settlement.
Social media remains a top source of evidence, but relevancy, privacy, and proportionality considerations have increased and mandate tight, narrowly tailored requests. Form discovery requests are fodder for objections.
Cloud and collaboration apps, such as Teams or Google Suite, add new, complicated layers to the discovery process. These platforms are often unstructured and operate much like texting, which encourages informality that can make identifying custodians, persevering the information, and then drafting and responding to requests tricky. Careful attention must be paid to the context of these text-like communications to avoid misrepresenting or misinterpreting the information.
Listen as our panel discusses critical strategies in successfully drafting discovery requests to seek social media and collaborative app data, as well as best practices when responding to such requests from an opposing party. The panel will also analyze how to leverage this information at trial or in settlement negotiations most effectively.
Outline
- Strategies for drafting and responding to discovery requests
- Social media
- Collaborative apps
- Privacy concerns regarding native format of social media data
- Proportionality considerations regarding collaborative app data
- Recent federal and state court trends
- Leveraging social media and private data evidence at trial and during settlement
Benefits
The panel will review these and other relevant topics:
- What are the most successful strategies for requesting social media and collaborative app information during discovery?
- How are courts weighing parties' privacy concerns when determining what social media information is discoverable?
- How can counsel leverage social media and collaborative app information obtained via discovery during litigation or settlement discussions?
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