Subrogation Claims: Using Search Engines & Social Media

Similar documents
The Intrusive Nature of Discovery in U.S. Patent Litigation

Current Trends in Litigation Involving the Use of Social Media

Social Media: Cutting Edge Evidence Questions. Presented by: Lawrence Morales II The Morales Firm, P.C. San Antonio, Texas

Spoliation of Evidence. Prepared for:

May 2015 Vol. 44, No. 5 Page 45. Articles Family Law Preservation of Social Media Evidence in a Family Law Context

Social Media Discovery: It's Not So Different After All

ISSUES ON SOCIAL MEDIA DISCOVERY IN PERSONAL INJURY CASES

Investigating Workers Compensation Claims in the Age of Social Media

SOCIAL MEDIA IN PERSONAL INJURY LAW

Taking and Defending Depositions in Insurance Coverage Litigation

FLORIDA FAMILY LAW: SOCIAL MEDIA & E-DISCOVERY. Christopher.Hopkins@Akerman.com

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

A NEW FRONTIER. or the Same Issues in New Packaging?

The Use of Social Media as an Investigative Tool

Discovery Ethics Course Plan

Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners

Internet Marketing Basics

Social Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition

THE ETHICS OF SOCIAL MEDIA

Top 4 Ways Social Media is Helping to Reshape Marketing

DEVELOPING A COMPREHENSIVE E-MARKETING STRATEGY USING 3 POPULAR ONLINE CHANNELS

Social Media E-Discovery: Process & Technology

How To Use Social Media To Help Your Business

ETHICAL USE OF EVIDENCE DERIVED FROM MULTIPLE SOCIAL MEDIA OUTLETS

Online Marketing Module COMP. Certified Online Marketing Professional. v2.0

Social Media Creating an Approach That Will Bring You More Business

Zep Inc.: Global Online Privacy Notice

PART III Discovery. Overview of the Discovery Process CHAPTER 8 KEY POINTS THE NATURE OF DISCOVERY. Information is obtainable by one or more discovery

Blog, Tweet and Facebook Your Way to Success SELF-PROMOTION THROUGH SOCIAL MEDIA: INSTAGRAM

Katy Young s Guide to... Twitter

Discovery of Social Media: The Seventh Circuit E-Discovery Pilot Program. Ronald L. Lipinski, Seyfarth Shaw LLP Jay C. Carle, Seyfarth Shaw LLP

Social Media in Litigation and E Discovery: Risks and Rewards

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Guidelines for University Communications and Marketing Professionals

HOW TO TURN A. Single E-Book Into a 101+ Piece Content Marketing Machine

Grow Your Business With Digital Marketing

EXAMINATION OUTLINE FOR PRIVATE INVESTIGATORS

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

DEVELOPING A SOCIAL MEDIA STRATEGY

How to Make 1,000 Dollars. Per Day. With. YouTube Videos

Social Networking Websites and the People Limiter

Technology for Small Business

Outsmarting Smart Technology: Legal Ramifications in the Assisted Living Setting

The Top Ten List (and one) of Changes to the Federal Rules

The Importance of Personal Branding & Influence

Title/Description/Keywords & Various Other Meta Tags Development

RIDICULOUSLY EASY GUIDE TO SOCIAL MEDIA TWITTER

Build a Powerful Online Presence in Less Than One Hour a Week Gihan Perera

EFFECTIVE USE OF SOCIAL MEDIA AS A LITIGATION TOOL FOR THE DEFENSE

SOCIAL MEDIA CHRIS SIGFRIDS SENIOR ONLINE MARKETING MANAGER CARIE FREIMUTH VICE PRESIDENT, ASSOCIATE PUBLISHER

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp

The Rush 24/7 Podcast for itunes 9

Social Media. Style Guide

ALL OF THE BELOW DUTIES ARE ASSUMED TO, AND MUST BE, UNDER THE DIRECTION AND SUPERVISION OF A LICENSED ATTORNEY.

UC Small Farm Program Agritourism Webinar Series. Social Media Kristin York - Instructor June 2, 2016

Electronic Discovery Rules & Social Media

Estate Planning for Digital Assets: A Web of Uncertainty

Legal Issues of Forensics in the Cloud

TAX RETURNS AND LOSS OF EARNINGS JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS

The Risks, Rewards and Limits of Social Media in Defense Counsel's Arsenal

SOCIAL MEDIA WHERE DID IT COME FROM AND HOW DO YOU GET IT. W. Marc Schwartz, CPA/CFF, CFE

Search Engine optimization

PRESERVATION OF DOCUMENTS AND DISCOVERY ISSUES

How We Generate Leads Online Part 1 Workbook

Tips for Navigating Social Media Platforms

Policy and Guidelines for Personal Use of Social Media*

The British Academy of Management. Website and Social Media Policy

The Coast to Coast AM Podcast for itunes 11

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) )

The Ins and Outs of Written Discovery and Motion Practice:

Ten top tips for social media success

Professional Responsibility and New Technology

Social Media: Preservation, Harvesting and Authentication

SOCIAL MEDIA S IMPACT ON LITIGATION

Want To Be My Friend? Social Networking & Ediscovery

First Things First. Hi,

Social Media Marketing UCSB Extension

PERSONAL INJURY SETTLEMENTS

Social Media and Records Management. ½ Day Seminar Priscilla Emery President e Nterprise Advisors

Best Practices for Social Media

Verified Volunteers. A division of SterlingBackcheck. Privacy Policy. Last Updated: November 5, 2014

The Rush 24/7 Podcast for itunes 11

VIDEO TOOLKIT. Before you start

Level 3 Diploma in Social Media for Business

E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers

Special Report. 5 Tips for Creating the B2B Marketing Content That Really Speaks to Your Audience

Tips, Tricks and Best Practices

Archiving Social Media in Senators Offices

Social Media for Business or Social Network. Marketing TM. Presented by Nancy Sanders, MBA, Business Analyst Small Business Development Center

Utilizing Social Media Effectively. Basic Techniques to Promote Your Business Online

ICT Acceptable use Policy. Coláiste Mhuirlinne/ Merlin College Doughiska, Galway City.

Friday 31st October, 2008.

Validus Investor Relations

SOCIAL MEDIA GUIDELINES FOR SCHOOLS

CIVIL LITIGATION PRACTICE FOR PARALEGALS. Many attorneys, paralegals and legal assistants refer to pleadings as all

No EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; MANESSTA BEVERLY, Plaintiff/Intervenor in District Court

2 California Evidence (5th), Discovery

You Are What You Tweet Information Security & Risk Management Conference Steps to Personal Branding Success. University of Guelph

Litigation Hold Notices & Electronic Discovery A R E S O U R C E F O R W S U E M P L OY E E S

Transcription:

Subrogation Claims: Using Search Engines & Social Media Presented By: Andrea Cortland Attorney, Cozen O Connor

What are Search Engines? Search engines = software systems that are designed to search for information on the internet Purchased from Shutterstock

What is Social Media? Social media = media designed to be disseminated through social interaction Purchased from Shutterstock

The Growth of Search Engines & Social Media As of 2013, Facebook has 1.15 billion+ total users 350 million photographs are uploaded to Facebook every day Twitter has 500+ million total users 400 million tweets are sent per day Instagram has 130+ million total users More than 16 billion photos are already uploaded http://www.digitalbuzzblog.com/infographic-social-media-stats-2013/

But Is This Really That Important for ME?

Common Search Engines (and some uncommon ones, too!) The usual suspects: Google Yahoo Bing Some you may not know: Duck Duck Go Mahalo Dogpile Ask.com

Reverse Image Searching Reverse image searching = contentbased image retrieval ( CBIR ) using a sample image Can discover content that is related to a specific sample image, manipulated versions of the image, etc. Try: Google Search by Image Tineye (www.tineye.com) Google Goggles (app)

How Do I Navigate This Stuff?! Search with and without quotation marks Search using short phrases as well as large text strings Keep multiple tabs open so you don t lose your searches If you get lost on big pages, remember Control + F Look up search operators on the internet Don t be afraid to play around a bit!

Aircraft Maintenance http://blogs.wsj.com/law/2007/03/15/a-convicted-former-ceo-a-law-firm-partner-a-playboy-playmate/

Purchased from Shutterstock Social Media (Just a few examples )

Blogs & Podcasts Blogs = a discussion or informational site published on the web and consisting of discrete entries ( posts ) typically displayed in reverse chronological order http://www.subrogationrecoverylawblog.com http://propertyinsurancelawobserver.com Podcast = a digital episodic series of audio, video or PDF files subscribed to and downloaded through web syndication or streamed online to a computer or mobile device

Using Search Engines & Social Media in Investigation Photography is truth. Jean-Luc Godard, French film director, 1960 Purchased from Shutterstock

Type of Information Available Photos and videos indicating the condition of real property or personal property Photos and videos of a loss as it is occurring People s statements regarding a loss People s statements regarding causation and more!

Uses of Information Identify facts otherwise unknown Determine the severity of a loss Assist with providing causation Detect fraud Provide visuals for use during deposition or trial Establish condition of property at finite point in time

Subro Example: YouTube

Subro Example: YouTube (again)

Subro Example: Twitter

Investigation Tips Employ many of the same tips for navigating search engines Dig, dig, dig Use various search operators and terms Immediately save what you find! Users often remove content after posting it especially after submitting an insurance claim or after litigation is commenced! Take screen shots to capture date and time

Use of Social Media in Litigation Issues associated with using social media in litigation include: Discoverability of social media information Relevance Obtaining information Actual production of information Authentication Spoliation Exclusionary rules Ethical considerations

Discoverability of Social Media Information Discovery rules in the U.S. are intentionally fairly liberal Generally, parties can discover any documents or information that are relevant to any claim or defense

Relevance Evidence does not need to be admissible to be relevant It only needs to be reasonably calculated to lead to the discovery of admissible evidence Must have a tendency to make the existence of any fact that is of consequence more or less probable

What is Relevant? Depends on the facts of the case Consider: Who added the content? Who had access to the wall, blog, etc.? When was the content created? When was the content added? Was any content deleted?

Relevance: A Dilemma Users can often designate information as private Dilemma: how can you demonstrate that the user s content is relevant if you don t know what s there? Solutions: Leverage public portions of the user s account Narrowly tailored discovery requests

Obtaining Social Media Information Party discovery requests Motion to compel if necessary Account holder authorization to release social networking site information Non-party subpoenas to social networking site Expert assistance Depositions

Actual Production of Social Media Information In camera review Forced disclosure of password Direct download Protective orders Not forced friending Purchased from Shutterstock

Authentication Generally Fed. R. Evid. 901(a) provides that [t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Authentication of Social Media Information No uniform rule Depends on the jurisdiction Some possibilities: Testimony of a person with knowledge Comparison with authenticated exemplar Distinctive characteristics Not: Simply obtaining information online Self-authenticating

Spoliation Spoliation = intentional alteration or destruction of a document that could have been used as evidence in litigation Can result in sanctions or an adverse inference Consider whether user: Deleted a social media account? Deleted a specific post or photograph? Deleted the content prior to or after the commencement of litigation?

Exclusionary Rules Relevant hearsay exceptions Present sense impression Then-existing mental, emotional or physical condition Excited utterance Non-hearsay Party admissions Evidence of a state of mind Effect on listener Prior inconsistent statement

Ethical Issues Public vs. private content on social media sites and personal accounts Deceptive friending of an insured, plaintiff, or adversary Social media research of jurors during trial Altering information Duty to preserve information

Key Take-Aways There is TONS of information available online which can be found using search engines and social media Time is of the essence Properly preserve any information found so it can be authenticated down the line Go public, or go to court

www.davidosmond.com

Contact Information Andrea Cortland Cozen O Connor 1900 Market Street Philadelphia, PA 19103 (215) 665-2751 acortland@cozen.com www.cozen.com