Technology Issues and Discovery Implications

The rapid expansion of social media platforms such as Facebook, Instagram, Twitter, and Tik Tok has made personal information on parties and witnesses increasingly accessible, raising questions as to if and how this information can be collected and utilized as evidence by attorneys. This course will instruct attorneys in the areas of obtaining discovery evidence from social media networking sites and either introducing this evidence or blocking its admission in court. Relevant cases discussed will point to the interplay between the Fourth Amendment’s privacy protections, the Stored Communications Act, and standard discovery procedures. The course will outline various ethical considerations that can arise in cases with discovery related to social media and demonstrate how to comply with the Model Rules in these types of cases.