Learn how leading law firms collect, preserve, and authenticate online and social media evidence defensibly. Insights from Latham & Watkins, Munger Tolles & Olson, and Page Vault on modern eDiscovery best practices.
Last Updated November 2025
Litigation no longer stops at emails and custodial data. The most revealing facts often live online — in social posts, websites, videos, and e-commerce listings that can change or disappear overnight.
In a recent webinar hosted by the Association of eDiscovery (ACEDS) and Page Vault, two leading voices in legal technology shared how their firms are tackling these challenges head-on: Shannon Bales, Senior Litigation Support Manager at Munger Tolles & Olson, and Warren Singh, Manager of Practice Support and eDiscovery at Latham & Watkins.
Together, they offered an insider look at how large law firms are building defensible, scalable programs for capturing and authenticating web and social media evidence — while balancing risk, ethics, and efficiency.
The conversation, moderated by Alex Sappington, Co-CEO of Page Vault, revealed practical insights every litigation support or eDiscovery professional can apply right now to strengthen their online evidence workflows.
“If your case hinges on a social media post that wasn’t authenticated, you could lose the chance to present critical evidence in court.” – Shannon Bales, Munger Tolles & Olson
From IP disputes and employment litigation to financial investigations, nearly every modern case touches online content.
Common examples include:
Public LinkedIn or X (Twitter) posts verifying claims or rebutting statements
YouTube or TikTok videos in IP or consumer-protection matters
“In crypto and financial cases, you often can’t subpoena the right people — so public online data becomes the only path to key evidence.” – Warren Singh, Latham & Watkins
Both Bales and Singh agreed: web collection isn’t just a technical task — it’s a consultative process.
At Munger Tolles, the team evolved from ad-hoc captures (“send me the link”) to an intent-driven workflow that starts with attorney collaboration.
“You can capture ugly — or you can capture something that tells the story perfectly.” – Bales
At Latham & Watkins, strict “no-collection” policies are balanced with Page Vault’s defensible workflow, keeping staff outside the chain of custody and ensuring every capture aligns with Federal Rule of Evidence 902.13.
✅ Best-practice takeaway: Treat online evidence collection like a mini-consultation — not a task. Define the “why,” the “what,” and the “how it will appear in court.”
When web evidence is challenged, defensibility is everything.
“Nobody needs affidavits … until you do.” – Bales
Both firms rely on Page Vault’s sworn affidavits and audit trail to prove integrity and authenticity. Even large-volume matters remain defensible thanks to standardized documentation that satisfies courts nationwide.
The panelists stressed that legality matters as much as technology.
Captures must come from lawful access — trial accounts or client-approved credentials.
Chain of custody must clearly show how and when access was obtained.
✅ Pro tip: Create firm-wide guidelines for collecting public vs. private data to avoid ethical pitfalls later in discovery.
Generative AI has blurred the line between real and fabricated content — making authenticity proof more critical than ever.
“You can’t stop fakes from being created, but with a defensible capture, you can prove yours isn’t one.” – Bales
While Page Vault doesn’t determine whether something is a deepfake, it verifies the where and when — proving that content existed online at a specific time and URL. As courts grow more skeptical, that audit trail will become indispensable.
Both speakers have made web capture a core discipline inside their firms — not an occasional task.
“Go beyond task-taking,” Bales said. “Make it a consultancy.” Singh added, “Choose processes that remove risk — it’s a no-brainer.”
Their shared lesson: internal expertise, consistent tools, and a consultative mindset make digital evidence workflows faster, safer, and far more defensible.
✅ Every matter now includes online evidence.
✅ Screenshots and print-to-PDFs aren’t defensible.
✅ Authentication, metadata, and affidavits protect against exclusion.
✅ The right capture tools streamline risk management and client value.
“You don’t want discovery to become a sideshow. Use the right tools, and you’ll never have to worry about defensibility again.” – Singh