April 25, 2013

In this article, Jenner & Block Partner Christopher Chiou and Associates Daniel D. Welsh and L. David Russell examine key issues surrounding the admissibility of social media evidence at trial.  The authors explain that lawyers have seized on social networking sites as a deep well of valuable information, resulting in a nationwide debate surrounding the admissibility of social media evidence. The authors explain that, as recently as a few years ago, lawyers faced hurdles when they sought to admit social network communications as evidence.  Recent decisions, however, reveal a trend toward admission, with the cooperation of social media sites themselves necessary to both authentication and access.