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Social Media Investigation of Jurors and Opposing Parties

Nilan Johnson Lewis is on the vanguard of social media law. We understand the current and emerging implications of, and risks associated with, social media use by corporations, businesses, employers, and employees. We are experienced in using and managing social media evidence in litigation, from discovery through trial.

Our team of lawyers is prepared to provide the following social media services:

  • Discovery Strategies. We conduct detailed and thorough social media investigations of plaintiffs, co-defendants, witnesses, and opposing experts relevant to allegations against our clients. We ensure that electronic evidence is captured and preserved in compliance with all applicable legal decisions and ethical principles, and ensure the admissibility of social media evidence at trial. We provide up-to-date interrogatories and requests for production of documents geared towards obtaining social media evidence protected by privacy settings. We prepare preservation requests and pursue social media spoliation defenses. We also recommend strategies for obtaining social media evidence via subpoenas, witness interviews, and depositions.
  • Jury Research and Other Social Media Considerations During Trial. Our litigators are experienced in the use of social media evidence at trial, including achieving the admissibility of social media as evidence, incorporating social media in jury instructions, voir dire, and witness preparation, and using social media to investigate potential jurors.
  • Protecting Company’s Online Identities. We advise clients on safeguarding their online corporate reputations, including steps for minimizing the risks of on-line associations and ensuring protected privacy and profile settings, photo usage, sphere of recipients and more. We ensure that corporate representatives and witnesses, particularly those participating in depositions and trials, have secure online identities. We also help our clients implement policies, practices, and systems designed to reduce the risk of potential defamation or privacy claims against the company.

 

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