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The Facebook Grenade: (Ethically) Mining Social Media for Maximum Effect

Social media discovery is often misused and misunderstood. While attorneys may focus on drafting the best discovery requests, they often fail to ask themselves whether sending such requests right away is tactically appropriate. Operating on “automatic,” they may de-fang some of their best evidence, before they even know it exists. This program focuses on the tactical use of social media investigation, including specific tips on mining plaintiffs’ Facebook profiles, saving and storing posted video, and identifying photos that plaintiffs have been tagged in, all while maintaining the ethical bright line against inappropriate contact with represented parties. The second part of the program turns to what to do once the evidence is secured, detailing effective impeachment techniques, including when and whether to deploy the Facebook grenade.

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