“Social Media Discovery – Case Law Update & Strategies” – Florida Tech CLE at Palm Beach Bar presented by Christopher Hopkins

E-discovery

This one hour session, which you view live or via web (even after the fact), explains the key published opinions in Florida regarding social media discovery.  In addition to that, attendees will see the discovery requests which worked AND failed as well as obtain samples of up-to-date discovery requests.  Finally, a 10-step approach to successfully obtaining social media discovery is explained.

SIGN UP HERE.

The presentation is modeled around the articles, Ten Steps to Obtain Facebook Discovery in Florida and Defendants Want Social Media Discovery, Plaintiff’s Want E-Discovery, and then updated with new materials and samples.

For links to the supplemental material cited on page 35 of the Powerpoint, see below:

U.S. v. Elonis (Third Cir., Oct 2016) – threats on Facebook (after the US Supreme Court decision)

Forman v Henkin: Conflict Between Social Media Discovery and User Privacy” (Aug 2016)

State of Connecticut v. Teri Buhl (June 21, 2016) – harassment evidence relative to Facebook posts

Smith v Hillshire Brands (June 20, 2014) – sample requests; discussion of different courts’ approach

Giaccheto v. Free School Dist. (2013) – Facebook requests in personal injury case

 

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

Ethics
Florida Supreme Court Allows Judges to be Facebook Friends With Lawyers But Four Justices Disagree With the Practice (“I write to strongly urge judges not to participate in Facebook”)

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge.  The Court deemed its position was the majority position around the country.  However, four justices noted that caution, if …