Roger Foisy · Steve King
Relevance Over Privacy: How Courts are Reshaping Social Media Evidence
March 27, 2025 5:30 PM||
Privacy is dead and social media has become a goldmine for the defense. Outright objections to production requests are increasingly ineffective and driving unfavorable case law for plaintiffs.
Trial lawyers must take proactive steps to limit the scope of what is discoverable, neutralize harmful posts before they derail a case, and leverage social content to increase file values.
In this webinar, we will discuss recent case law shaping the production and use of social media evidence in litigation with a focus on decisions from CA, FL, TX, NY, NJ, NV, AZ, GA, and MI.
We will also cover strategies to minimize risks and maximize rewards, including:
- Best practices for drafting responses to overbroad or unreasonable social media discovery requests.
- How to limit the scope of what must be turned over and regain control of the process.
- How to inoculate against problematic plaintiff social media posts.
- The hidden and largely overlooked value in plaintiffs’ pre-date-of-loss social media content.
- Proactive measures to educate clients about the risks of posting online.
- Avoiding spoliation and adverse inference traps.
- The evolving standard of care for attorneys regarding the retrieval, preservation, and analysis of client social media posts, including ethical obligations and risk mitigation strategies.
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