BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay Challenges

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

The abundance of personal information easily accessible on social media websites has altered how employment litigators investigate and try cases. Recent case law confirms that social media content plays a critical role during discovery and trial.

While the sources of social media evidence are plentiful and social media evidence is easy to obtain, getting the evidence admitted at trial poses unique challenges. Courts are inconsistent in addressing authentication issues regarding electronic evidence, creating questions and gray areas for employment litigators.

Employment counsel also face obstacles to the admission of social media evidence on reliability concerns and the hearsay nature of the evidence from social media websites. Further, employment litigators must consider the legal ethics of using arguably private information to help prove or defend their cases.

Listen as our authoritative panel of employment litigators discusses the legal, practical, and ethical implications of gathering social media evidence during discovery and then using it at the trial of employment lawsuits.


Presented By

Corwin J. Carr
Partner
Barack Ferrazzano Kirschbaum & Nagelberg LLP

Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.

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Tyler Zmick
Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, August 27, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Discovery considerations

II. Authentication

III. Relevance and undue prejudice

IV. Hearsay

V. Ethical considerations

The panel will review these and other key issues:

  • What issues are the most challenging for courts considering the authentication of social media evidence during employment trials?
  • What are the best practices for overcoming hearsay and reliability concerns regarding social media evidence?
  • How have courts viewed the expectation of privacy on social networking websites when deciding whether social media evidence is admissible at trial?