The Use of Social Media as an Investigative Tool

The Use of Social Media as an Investigative Tool

Jackie Lakins Sedgwick Vice President Specialty Operations

Jean Putnam Community Health Network Chief Clinical Quality Officer

Rick Ramsey Wicker, Smith, O hara, McCoy and Ford Attorney

OBJECTIVES Define social media and discuss its impact on a claims investigation Identify social media sites that may provide relevant investigative information Learn how to effectively use social media as an investigative tool

What is Social Media? Social Media is a web based platform that allows people to create, share or exchange information and ideas through virtual communities and networks. As of 2014, the number of internet users worldwide was 2.92 billion, up from 2.71 billion in the previous year. Source: statista.com

Types of Social Media Collaborative- Edited and maintained by multiple users Wikipedia, WikiTravel, WikiBooks Blogs/Microblogs-Regularly updated individually or by a small group Twitter and Tumblr Social News- Users submit news stories for sharing Reddit and Digg Social Networking- Creation and maintenance of online relationships Facebook and LinkedIn Media Sharing- Storage and sharing of photos, videos, and music YouTube and Instagram Rating Sites- Users submit opinions on services and products Healthgrades and Yelp

How social media impacts an investigation Background and Current Information on: Parties to Litigation Experts Witnesses Opposing Counsel Judge Jury Witness location Education enter picture

What information can be obtained from an internet investigation? Biases, Interests, Passions Social and Professional Clubs Political Organizations/Donations Commentary on Medical Standard of Care Various versions of the incident Activity level of a plaintiff Reputation of the parties and witnesses Photos, Videos, Articles by and about the Person

So Many Sites So Little Time

Key Investigative Sites Wikipedia Twitter DIGG LinkedIn Healthgrades Facebook Craigslist Dating Sites Public Document Sites (Housing Records, Court Dockets, etc) Google/Yahoo/Bing

Types of Social Media Content Public The best!! It s easy and usually free. Private- Be sure to use ethical methods to obtain private information such as an interrogatory request. Sample Interrogatory: For each Facebook account maintained or accessed by you, please produce your account data for the period of (date) through present.

Wikipedia A good source of general information

Use to research a person or company

A good source for news

Facebook is your Investigative Friend

Consumer Rating Sites Sites such as Healthgrades and Vitals can provide information regarding your own client/insured, a codefendant or medical expert. Healthgrades offers patient experience measures which can help you gauge the reputation of a physician or facility. enter picture

Real Life Investigative Results SPINAL INSTABILITY AND ULNAR NERVE INJURY? You be the judge! Plaintiff claimed weakness and loss of motion in the right hand; stiffness in the lower back and pain from hip to right leg. She claimed to be unable to carry groceries; had difficulty doing laundry and using a phone; etc. However on Facebook she bragged about working on her boxing skills! enter picture

Real Life Investigative Results DEPRESSED & SELF CONSCIOUS? You be the judge! This plaintiff in a medical malpractice tattoo removal claim alleged that she was depressed and selfconscious of her body, then she posted this picture and the statement that For the first time, I can honestly say my life is perfect. enter picture

Real Life Investigative Results A KNEE INJURY? You be the judge! This man s wife couldn t help but brag about her husband s athletic ability during a potato sack race on her social media page. She apparently forgot he was making a worker s compensation claim for a knee injury. enter picture

Social Media and the Courtroom What should Counsel ask during voir dire? During the Conrad Murray trial regarding the death of Michael Jackson the jury questionnaire asked jurors to disclose information about their social media posts. What happens when a juror attempts to friend a defendant? A judge in Florida disqualified a male juror after he attempted to friend a female defendant.

Obtain, Secure and Protect your Investigative Results Obtain Internet searches- Find as much public information as possible Authorization from the plaintiff Preservation Letters Discovery Requests- Tailor requests to information relevant to the claim Secure and Protect Print Store Electronically

Helpful Preservation Links American Bar Association article on Preservation of Social Media Evidence http://www.americanbar.org/publications/blt/2014/0 1/02_dibianca.html Link to Sample Preservation Letters from the American Bar Association http://apps.americanbar.org/labor/annualconferenc e/2007/materials/data/papers/v2/046.pdf

Using Your Results Depositions Negotiations Trial

Watch out for Pitfalls Be on the alert for false information planted by the plaintiff.

Additional Potential Pitfalls Admissibility Issues - Court rules vary! Romano v. Steelcase, Inc. 907 N.Y.S. 2d 610 (Suffolk. Co., 2010)- No reasonable expectation of privacy for information posted to the internet Parker v. State of Delaware (2014) 85 A.3d 682 (2014), the Court held that social. media posts that were purported to be authored by the defendantappellant were appropriately authenticated by circumstantial evidence.

Additional Potential Pitfalls Friending Issues and a Good Faith Investigation Friending under false pretenses or friending a represented party can lead to trouble. The Federal Trade Commission has defined "pretexting" as "the practice of getting personal information under false pretenses."

TIPS and TRICKS Start with a simple Google, Yahoo, and Bing search, but don t overlook the value of a news search such as digg Search early and search often Use sites that are specific to the loss i.e., if a claimant alleges they are disabled check out LinkedIn Don t forget friends and family Ask about social media during recorded statements, interviews, depositions, etc. Don t forget to investigate the judge and jury Likes on Facebook can provide a wealth of information about a person s activities Screen shots provide credibility that the information was not modified

REMEMBER Knowledge is Power Sir Francis Bacon