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.
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.
