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Reconstructing The Digital Scene: Timelines In Social Media Litigation

Last Updated November 2023

In the ever-evolving digital landscape, social media plays a pivotal role in shaping personal and corporate communication. Yet, this vast digital interaction space is not without its legal complexities. With a staggering 95% of young Americans aged between 13 and 17 engaging in social media platforms like Facebook, Instagram, TikTok, YouTube, and LinkedIn, according to the Department of Health and Human Services, the legal ramifications are both vast and intricate. This blog post unpacks various aspects of social media litigation, from privacy and data management concerns to copyright and defamation issues. It offers a comprehensive overview of how these digital platforms are intertwined with legal challenges and the implications for the practice of law, particularly in evidence gathering and litigation.

Establishing Authenticity of Websites

Last Updated November 2023

Applying the rules of evidence to contemporary digital records can present a variety of complications. Admitting some types of evidence, such as government websites, can be straightforward. However, ensuring websites can be admitted can be difficult in many jurisdictions. Further, individual judges may sometimes take idiosyncratic approaches to the admissibility of websites and other forms of digital evidence, especially when they do not personally understand the technology involved. Simplifying the process for establishing the authenticity of websites can be helpful in ensuring that website evidence vital to a case is deemed admissible in court.

Using Social Media at Trial

Last Updated October 2023

Some estimates say that as many as 4.5 billion people (Statista) are using social media in 2023. This number includes includes attorneys, parties in the midst of litigation, and even jurors.

Given the large amount of information that people generally share over social media, there is a trove of information you can learn about individuals who may be involved in deciding your upcoming case. Such information can reveal biases and connections to parties that the prospective juror might not otherwise admit to.

However, before you start doing “deep dives” on every social media account you can find that is linked to a potential juror or paying for individuals to harvest any data they can find, it is worth slowing down and considering the ethical ramifications of using jurors’ social media information at trial.

Admissible Digital Evidence Panel Discussion

Last Updated October 2023

Digital evidence, such as websites, videos, and social media, is often a key component, and can even be a smoking gun, in litigation.

However, legal teams often improperly collect and handle digital evidence, putting their cases and clients at risk. For example, several courts have recently excluded screenshots of online content as inadmissible evidence in trademark and copyright infringement cases.

Hear from leaders from Latham & Watkins, Stokes Lawrence, and Barrack Ferazzano Kirschbaum & Nagelberg in this panel discussion.

Digital Evidence in Intellectual Property Law: Conquering Online Evidence

Last Updated October 2023

Online evidence, found on websites and social media platforms, can be critical to protecting and defending your clients’ intellectual property rights. But many attorneys are failing to find and use these sources effectively. Further, collecting and preserving these ephemeral data types has created challenges. For example, in a number of IP cases over the past few years, courts have excluded digital evidence of copyright and trademark infringement due to inadequate preservation methods.

Social Media Collections: Best Practices

Last Updated October 2023

Someone asks you to “get everything” from a party’s social media presence. Where do you even begin?