Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence

As of 2017, 81% of Americans have a social media profile. Savvy litigators know that Twitter, Instagram, Facebook, Reddit, YouTube and other social media sites are likely to contain admissions by party opponents. Knowing how to locate and retrieve this evidence in a format admissible at trial is essential.

Due to the ever-changing landscape of social media outlets and privacy settings available to social media users, locating and preserving these admissions is daunting. Litigators must know the steps to take early on in litigation to find and prevent spoliation of this critical evidence.

Listen as our authoritative panel analyzes best practices for locating social media posts by opposing, and relevant third, parties; discovery requests that will uncover hidden social media accounts; warnings against spoliation of this crucial evidence; and strategies for obtaining social media posts from providers for use at trial.

1. Locating social media posts by opposing parties and third parties
2. Discovery requests regarding social media accounts
3. Spoliation warning letters
4. Subpoenas to social media sites for evidence to be used at trial
5. Admissibility of social media posts at trial

The panel will review these and other key issues:

• How can counsel locate social media accounts of opposing parties and related third parties?
• When and to whom should spoliation warning letters be sent?
• What discovery tactics can be used to uncover hidden social media accounts?
• How can counsel obtain social media posts from third-party providers?
• What is required for the admission of social media posts at trial?