Social media sites have gained greater prevalence than email and are the next frontier for both discovery of electronic information and its presentation at trial. This program will address social media channels from several key perspectives for litigants: (1) understanding what social media channels are and what information they contain; (2) how do social media channels figure in the discovery process, as to the preservation, collection and production of the information they contain; (3) what have courts held regarding the admissibility of evidence from social media sites at trial; and (4) what types of policies and procedures should organizations adopt around social media tools to be well-positioned re: all of the above?
Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103987
Sarah Carter
Vice President of Marketing
Amy Longo
Partner
David Garrett
Managing Director
Joseph I. Rosenbaum
Partner
Amy Longo, Partner, O'Melveny & Myers LLP
(1) Legal Backdrop for Social Media Policies
- Employees' privacy expectations
- Employers' investigative usage
- The Stored Communications Act
(2) Considerations for Preparing and Implementing Social Media Policies
- Offensive vs. defensive policies
- External and internal site
- Overlap with electronic communications policies
- Monitoring and enforcement
(3) Preservation and Production of Social Media Information
- Duty to preserve
- Requests for social media information
- Providing social media information
- Third party subpoenas
David Garrett, Managing Director, Stroz Friedberg LLC
(1) Brief description of the dramatic growth in social media sites
(2) What data is available on social media sites
- Overview of the “Big Three” - Facebook, LinkedIn and Twitter
(3) How is social media data of evidentiary value?
- Describe Real Life Examples:
- Supposed “Expert” asking basic questions on list serve
- Classified info leaked on WikiLeaks
- Exoneration of falsely accused
(4) Identification and preservation strategies
- Sources of evidence incl non obvious sources such as search engine caches and mobile phones
- Evidence gathering
- Tracing anonymous comments
Joseph I. Rosenbaum, Partner, Reed Smith LLP
- Protecting, Enforcing and Defending Brands and Reputation
- What's different online in social media and a networked environment
- What should you do when the regulators' call (e.g., FTC, SEC, FCC, FDA)
- Social Media, Courtroom Drama
- Dealing with ethics and privilege in social media
- Friends, fans, 'like' and OMG - judges, juries and evidence
- Relationships as contractual obligations
- Employees, customers and suppliers in social media
- Coping with social media blur - where policies start and stop (are you an employee, a consumer, a family member, spokesperson?
Sarah Carter , Vice President of Marketing, FaceTime Communications
- Who’s using social media and why (benefits, and rewards)
- Risks of using social media within the enterprise – outside of legal risks
- What can go wrong if risks are left unmanaged (examples from the press)
- Controls that are available that are driven by litigation or eDiscovery requirements
- Outside Counsel
- General Counsel
- Information Technology Personnel
- Compliance Personnel
- HR Personnel
This is a must attend event for anyone interested in knowing the impact of social media channels on discovery and trial.
- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A