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Handling Social Media, Email, and Other ESI in Tennessee - On-Demand
Webinar is now available on-demand. NOTE: On-Demand webinars are not eligible for CLE credit.
- In 2014, the Tennessee Court of Appeals held that a compilation of text messages prepared in part for trial was not properly authenticated through witness testimony.
- In 2015, the Tennessee Court of Criminal Appeals ruled that there was more than sufficient circumstantial evidence to authenticate emails and their attachments when the defendant admitted that the Hotmail account belonged to him, the password was not “remembered,” and his email account was associated with his Facebook account and tied to his Blackberry.
- In 2012, the U.S. District Court for the Eastern District of Tennessee held that Facebook posts are not hearsay because they are made by the plaintiff (the party opponent).
The popularity of Facebook, Twitter, LinkedIn and similar social media technologies is exploding, so it should come as no surprise that they play an increasingly significant role in federal and state court. What is your strategy for using social media in your next trial? How do you discover this information? What are the rules on obtaining, handling, and admitting it?
Social media and other electronic evidence are most likely to be admitted when they are obtained properly, so having an effective plan for using electronically stored information (ESI) can position you for success in the courtroom. Let Tennessee attorney Russell Taber deliver tips and strategies for collecting and using social media and other electronic evidence at trial.
- Methods for identifying and collecting ESI
- Top mistakes that can jeopardize admissibility of ESI
- Overcoming authentication hurdles
- The hearsay rule applied to ESI
- Emails and attachments
- Social media, text messages, and blogs
- Voicemail, video and audio recordings, Fitbit, and GPS
- Best practices
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Handling Social Media, Email, and Other ESI in Tennessee — is just $107.
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About Your Presenter:
W. Russell Taber, III, with Riley Warnock & Jacobson PLC, in Nashville, practices primarily in the area of business litigation. He has represented individual and corporate clients in federal and state courts and arbitration proceedings.
He has experience in various substantive areas of the law and industries, including breach of contract, information privacy, business torts, intellectual property and healthcare. Recognizing the significance of electronic discovery in commercial litigation, Mr. Taber is involved in developing cost-effective e-discovery solutions that are legally defensible and advance his clients’ litigation objectives. He is the author of the book Electronic Discovery in Tennessee: Rules, Case Law and Distinctions.
Prior to joining Riley Warnock & Jacobson, PLC, he served as a law clerk for the Honorable Gilbert S. Merritt Jr. of the United States Court of Appeals for the Sixth Circuit. Mr. Taber graduated from Vanderbilt University Law School, where he served as Special Project Editor of the Vanderbilt Law Review and was a member of the Order of the Coif and the Moot Court Board.