The Role of Social Media Evidence in Product Liability Litigation

Venue

This is a virtual event, accessible online and over phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Canon.

In today’s litigation environment, social media content can have a significant effect on a case. Product liability cases, whether involving prescribed drugs or medical devices, automobile, or other product defects, are as susceptible to the use of social media evidence as any other case.

In product liability cases, the plaintiff’s social media posts might be used as evidence, as might be the company’s social media posts (or lack thereof).

Because social media evidence may be critical to a case, understanding how to properly access, preserve, and admit this evidence may mean the difference between winning and losing.

During this 60-minute program, our panelists will discuss:
• The value of social media evidence in medical product liability cases
• How to collect and gain access to social media evidence
• The practice rules governing authentication and admissibility

Educational Objectives:
• How to collect various social media evidence
• What courts have held about access to social media accounts, as well as authentication and admissibility 
• The ways social media evidence is used and collected in product liability litigation

Who would benefit most from attending this program?
CEOs & other business leaders, General Counsel, Of Counsel, Attorney/Counsel, Board Members 

Presenters

Hampton Coley
  • Director of Practice Technology and Discovery Services
  • Canon Discovery Services

Hampton Coley is the Director of Practice Technology and Discovery Services for Canon Discovery Services, a division of Canon Business Process Services, Inc. He has more than 25 years' experience helping clients navigate the mechanics of the discovery process. He has worked with large law firms in the New York and California and he is a frequent speaker. With law firm and litigation support vendor experience he has developed successful and efficient strategies for managing evidence in discovery in a cost-efficient and well-managed process. He is particularly skilled at designing and implementing high performance Electronic Discovery and Litigation Support Departments utilizing various legal hold, case management, data collection, data processing, and document review technologies. Hampton has experience helping clients respond to complex litigation, including: SEC second requests related to mergers and acquisitions, product liability law suits, class-action law suits, governmental investigations (Sarbanes-Oxley compliance, HIPAA compliance, etc.). He is a graduate of Yale University.

Additionally, Hampton has worked at the following firms: 
• Hughes Hubbard & Reed, Director of Practice Support, 
• Cravath, Swaine & Moore, Associate Director of Technical Litigation Support, and 
• Patterson, Belknap, Practice Support Manger

Lori Leskin
  • Partner
  • Arnold & Porter Kaye Scholer LLP

Lori B. Leskin, a partner in Arnold & Porter’s Product Liability Group, is valued by her clients for her ability to successfully assess, strategize and implement unique solutions to their unique problems. Lori handles all aspects of litigation strategy for complex class actions and mass actions nationwide, and in multidistrict litigations involving a variety of products. Among her current clients, she represents Pfizer Inc. in its Viagra, Mirapex and asbestos litigations and Bayer in litigation involving Cipro and Avelox. Lori also represents a variety of consumer products companies against purported class actions alleging consumer fraud, including the successful defense of Hain Celestial and Avon in false advertising matters in New York and the District of Columbia.

Lori is a former Co-Head of Kaye Scholer’s Product Liability Group, and served as the Co-Chair of the Products Liability Committee of the American Bar Association’s Section of Litigation from 2010-2013. She has been repeatedly recognized by The Legal 500 US for product liability litigation in the pharmaceuticals and medical devices industries, as well as by The Best Lawyers in America in the New York Mass Tort Litigation/Class Actions and Product Liability Litigation categories.

Lori is also committed to pro bono service. She has represented several death row inmates in challenges to convictions and sentences including the commuted death sentence of Virginia inmate Percy Levar Walton, to life in prison without parole on the grounds that he was mentally incompetent to understand his situation.  For her work with death row inmates, Ms. Leskin was one of four firm recipients of the 2008 Thurgood Marshall Award for Capital Representation from the Association of the Bar of the City of New York’s Committee on Capital Punishment.

Lori graduated magna cum laude and with University Honors with High Distinction with a B.A. in International Studies from American University in Washington, D.C. She received her law degree with Highest Distinction from Rutgers School of Law – Newark.

Lori serves on the Board of Legal Momentum, the Women’s Legal Defense and Education Fund. She also serves on the Board of, and is former President of, the Tenafly Educational Foundation, a non-profit organization in her home town which funds grants to teachers in the Tenafly public education system to allow them to provide new and innovative educational experiences for their students.

Matthew J. Hamilton
  • Partner, Health Sciences Department
  • Pepper Hamilton LLP.

Matthew J. Hamilton is a partner in the Health Sciences Department of Pepper Hamilton LLP. He has more than twenty one years’ experience representing clients in complex pharmaceutical products liability and commercial litigation, with a primary emphasis on the defense of federal multidistrict litigation, coordinated state court actions, class actions and other complex matters. He serves on the firm’s Information Governance committee, and is certified in legal project management.

Mr. Hamilton has represented and advised clients in products liability, toxic tort, consumer fraud, breach of contract, antitrust, labor, securities, bankruptcy, warranty, personal injury and premises liability claims. He has significant experience managing, directing and coordinating complex litigation through joint-defense groups and local counsel across jurisdictions. In addition to trial and pretrial practice in state and federal courts, he is experienced in prosecuting and defending appeals in the appellate courts of Pennsylvania, federal circuit courts and the U.S. Supreme Court.

Mr. Hamilton advises clients on issues relating to electronic discovery and litigates those issues where required. He manages and directs large-scale electronic discovery in complex, multiparty litigation and consults on the development and management of case management and other databases.

Mr. Hamilton writes and speaks on matters of e-discovery, including how principles of proportionality inform relevance, the duty to preserve electronically stored information (ESI), and the imposition of sanctions for failure to do so. He also serves on several civil justice reform committees.

In his pro bono practice Mr. Hamilton serves as a Judge Pro Tempore in the Philadelphia Court of Common Pleas’ Landlord Tenant Appellate Mediation Program, and also serves at a volunteer foreclosure assistance clinic.

Ignatius A. Grande
  • Director
  • Berkeley Research Group

Ignatius Grande has been advising clients on issues relating to information management, electronic discovery, cybersecurity, and data privacy for more than 15 years. With his legal and technical expertise, Ignatius is able to bridge the gap that can exist between IT and legal/compliance personnel. Ignatius has worked with both law firms and companies to guide them through the eDiscovery and the forensic investigation process and has overseen the collection and production of data for several HSR Second Requests. He works with companies on their data privacy practices and advises companies on how they can comply with EU data privacy laws, including the General Data Protection Regulation.

Ignatius has performed compliance risk assessments that addressed cybersecurity, records retention and data remediation compliance issues. He often works with companies to address complex information management issues, including the onboarding of new software and technologies and the privacy and security implications of Internet of Things devices and sensors. He also advises clients on the management of their social media presence and in the preservation of social media content. Ignatius works with companies to effectively implement information management practices and has drafted and revised a wide variety of policies, including Records Retention, Legal Hold, Bring Your Own Device, Cybersecurity, Social Media, and Mobile Device Governance policies.

Ignatius is a frequent writer and speaker on topics relating to eDiscovery, information governance, and the Internet of Things. He serves as co-chair of the Social Media Committee of the New York State Bar Association’s Commercial & Federal Litigation Section and teaches a course on eDiscovery at St. John’s University School of Law. Ignatius has worked for two global law firms and has also served as in-house counsel for a global commodities trading company. He graduated from Yale College in 1996 and Georgetown University Law Center in 1999.

Continuing Education

Credits:
1.0 General COA, 1.0 CLE
Practice Areas:
Legal
Prerequisite:
None
Level:
Basic
Production Date:
09/25/2018