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Guide

Social Media Collections for Legal Professionals: Best Practices

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Why You Must Collect Online Evidence Before a Sent Cease and Desist Letter

Last Updated March 2024

Whether you’re documenting infringing intellectual property activity online or collecting social media pictures and posts relevant to a fraudulent insurance claim, having the right electronically-stored evidence (ESI) can help bolster your case. This is because cases often hinge on the quality and availability of the ESI you collect. Parties that are made aware of apparent or imminent litigation have a duty to preserve all relevant evidence. The sanctions for intentionally or accidentally deleting this evidence are specifically designed to discourage foul play. For example, parties who fail to preserve relevant evidence under the Federal Rules of Civil Procedure Rule 37(e) can face remedial measures, adverse jury inferences, court-issued sanctions, or even outright dismissal.

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Overcome Facebook’s Dreaded Motion to Quash Civil Subpoenas

Last Updated March 2024

In today’s social media age, Facebook and other social media platforms are quickly becoming invaluable repositories of discoverable data for attorneys. Subpoenaing Facebook to retrieve this data in a civil case, however, is not an easy task, mainly because Facebook and other social media companies rely on the Stored Communications Act (SCA) to quash civil subpoenas for account data. Facebook is particularly explicit on this issue, stating on its website that it will not honor civil subpoena requests on SCA grounds.

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Social Media as Evidence

Last Updated March 2024

According to Nielson’s Q1 2019 Audience Report, the average internet user spends 2 hours and 23 minutes on social media every day. If you work in copyright, trademark and patent infringement, personal injury, employment, or family law, you’re likely already aware of the incredible volume of content that people freely share online. So what do you do if you need to preserve this content for a case?

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Your Intellectual Property Rights: Enforcment with Web Evidence

Last Updated February 2024

As shoppers are increasingly gravitating online to scout out brands, products and services on marketplaces and social media, competitors and cybercriminals are increasingly taking advantage of opportunities to illegally profit from or tarnish other brands’ reputations online. Sales of knock-off products can result in lost profits and damaged reputations, and even though many online marketplaces and websites have procedures in place to take down infringing content and pages, these often involve mediation or delisting procedures that lead to underwhelming or unhelpful results.

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Are Webpages and Social Media Admissible in a Court of Law?

Last Updated March 2024

With such an incredible amount of published webpages, websites and social media content, it can be a lot of work to sort out the content that is relevant in a legal case. However, once content is found, an attorney might ask whether or not it can be used as admissible evidence in court. The answer is likely yes, if it complies with the Federal Rules of Evidence, as well as web evidence collection best practices to strengthen its authenticity.

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5 Tech Tidbits Lawyers Should Know When Collecting Web Content

Last Updated March 2024

In an era dominated by the internet, it’s surprising that the legal industry is only starting to account for the realities of our increasingly-digital age. While the nuances of modern technology can be difficult to master, having a fundamental understanding of it will help ensure legal professionals meet their ethical duty to provide competent representation to clients and to have more insightful conversations with technology experts.

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