CLM’s Retail, Restaurant, and Hospitality Community’s recent webinar, “Social Media Investigations for Claims Personnel and Attorneys,” attracted nearly 400 registrations. Below are a few key takeaways.
Dwight Geddes, head of Metro Claims Mgmt NYC Inc.
Jacob Malatesta, shareholder at Hagwood and Tipton
“When discussing social media evidence, the first step is to perform an investigation pre-suit. Next is to take the proper steps to draft discovery tools that will pass court scrutiny and show how important social media archives are for that. You must also ensure the evidence is admissible, and [understand] the ethical considerations when performing social media investigations.”
“Social media provides us with facts that we would not normally get in typical litigation circumstances. I like to say fish swim and birds fly, and people have an indomitable instinct to put the intimate details of their lives online”
“Yelp is a site that is often overlooked as a source. It is particularly helpful if you’re not just looking for people and the reviews they post, but also trying to find out information about a particular location.”
“Different groups use social media differently. For instance, baby boomers use Facebook the way that millennials use Instagram. Baby boomers use LinkedIn like millennials use Facebook. If your looking at a young plaintiff, expect that they are going to put their best foot forward on Facebook. What you really want is their Instagram or Snapchat.”
“What is most important in any social media investigation is the discovery tools between parties, not necessarily third parties, especially with regard to subpoenas. That’s because social media companies do not have to respond to subpoenas. The persons from which you need to get the information are the users themselves.”
“Facebook’s ‘Download My Archive’ is a valuable feature. Click on ‘settings’ at the top of Facebook, then find the link that says, ‘Your Facebook Information’ link. Once there, click ‘Download Your Information.’ This information includes complete chat history, check-in information, date/time/IP address for each login, purchases made, postings (even those that are deleted), and all ‘liked’ postings.”
“The usual response to a [social media archive request] is an objection on the basis of an invasion of privacy and that there is private, non-public information on Facebook. Like dragons and unicorns, the ubiquitous ‘privacy’ right doesn’t exist.”