Course List

Twitter, Facebook, Instagram, email and websites have drastically altered how trial lawyers conduct discovery and try cases. While the Internet and social media sites serve as a virtual treasure trove of ESI and electronic evidence, the great challenge remains getting this electronic evidence admitted at trial.

Trial attorney Mark Mermelstein will provide you with best practices for getting vital social media evidence admitted at trial, authenticating the evidence, proving its relevance and overcoming hearsay objections. Mark will also discuss lawfully and ethically gathering the evidence, considerations when conducting discovery, the ethics of self-help, using stolen or hacked evidence, objections to the discovery of social media evidence, the Stored Communications Act (SCA), FRE 401, FRE 403, FRE 901(a) & authentication and types of social media hearsay. After completing this highly informative & practical course you will understand the legal, practical and ethical implications of using electronic evidence obtained from social media networks and the Internet at trial.

A trial lawyer with more than 20 first-chair trials, Mark Mermelstein specializes in white collar criminal defense and complex litigation. Mark is the Global Co-Chair of Orrick’s Cybersecurity and Data Privacy team. He has spoken extensively on the discovery and admissibility of social media and electronic evidence at trial.