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Obtaining and Using Social Media Evidence: Practical Tools for Admissibility, Preservation, AI Challenges, and Expert Collaboration

Social media evidence authentication, collection, and AI challenges in litigation—covering legal standards, forensic methods, and emerging deep fake concerns.

2025-07-30 11:00:00

4.5 hours

Program Details

2025-07-30 11:00:00

Program Details

2025-07-30 11:00:00

Over 1,000+ webinars

2025-07-30 11:00:00

4.5 hours

Course Overview

Mastering Social Media Evidence in Litigation

2025-07-30 11:00:00

Participants will learn authentication requirements, collection protocols, and forensic analysis techniques for social media evidence. These skills enable attorneys to effectively admit or challenge digital evidence in court.

Format

CLE Credit

4.5h CLE Credits

Level

Intermediate

Length

4.5

Key topics that will be covered

01
Authentication Standards
Most courts use Rule 901(b)(4) circumstantial characteristics to authenticate social media evidence.
02
Hearsay Exceptions
Social media statements may qualify under state of mind or party opponent exceptions.
03
Evidence Collection
Compliance data requests often provide more information than law enforcement subpoenas.
04
Metadata Analysis
Metadata includes device information, IP addresses, and timestamps not controlled by users.
05
AI Detection
Deep fakes require forensic analysis of browser history and native data for authentication.
06
Expert Engagement
Digital forensics experts should be consulted early to address preservation and authentication issues.

Program schedule

clock 11:00 am - 11:45 am EST

Assessing the Admissibility of Social Media Evidence

This session examines the legal foundations for admitting social media evidence, covering authentication under Rule 901(b)(4), best evidence requirements under Rules 1001 and 1003, and hearsay exceptions including state of mind and party opponent statements. Participants will explore character evidence rules under FRE 404 and 405, the rule of completeness under FRE 106, and key case law establishing authentication standards across jurisdictions.

Colin Miller.Colin Miller.
Jeff MartinJeff Martin
Tom PlunkettTom Plunkett
Amber SchroaderAmber Schroader
Scott GreeneScott Greene
clock 11:55 am - 12:55 pm EST

Obtaining and Authenticating Social Media Evidence Beyond Screenshots

Moving beyond basic screenshots, this session covers investigative techniques for authenticating social media content through metadata analysis, IP address tracking, and direct platform requests. Attendees will learn preservation and chain-of-custody protocols, including hash values for data integrity, and understand when to engage digital forensics experts to address platform-specific challenges and AI-generated content concerns.

Colin Miller.Colin Miller.
Jeff MartinJeff Martin
Tom PlunkettTom Plunkett
Amber SchroaderAmber Schroader
Scott GreeneScott Greene
clock 1:05 pm - 2:05 pm EST

Navigating AI-Generated Evidence in the Courtroom

This session addresses the exponentially growing challenges of AI-generated and manipulated content, including deep fakes, voice cloning, and fabricated documents that can fool even their purported creators. Participants will examine current authentication frameworks, emerging case law like State v. Poloka, forensic detection methods including metadata analysis and SynthID watermarks, and ethical duties for attorneys using AI tools.

Colin Miller.Colin Miller.
Jeff MartinJeff Martin
Tom PlunkettTom Plunkett
Amber SchroaderAmber Schroader
Scott GreeneScott Greene
clock 2:15 pm - 3:00 pm EST

Extracting Social Media Artifacts from Diverse Sources

This practical session explores three primary data sources for social media evidence: computer seizure with browser artifacts, cloud access requiring consent or court orders, and smartphone collection as the richest evidence source. Attendees will learn compliance data collection techniques that often yield 25-30% more data than subpoenas, understand parsed versus raw data analysis, and address platform-specific challenges including Snapchat’s self-destruct features.

Colin Miller.Colin Miller.
Jeff MartinJeff Martin
Tom PlunkettTom Plunkett
Amber SchroaderAmber Schroader
Scott GreeneScott Greene
clock 3:10 pm - 4:10 pm EST

Expert Recovery and Analysis of Social Media Evidence

Drawing from real case examples including truck driver negligence and workers’ compensation fraud investigations, this session demonstrates how forensic experts recover, preserve, and analyze social media evidence while maintaining admissibility. Participants will learn the risks of self-collection, proper documentation requirements, effective collaboration with digital forensic experts, and best practices for expert witness testimony that explains complex technical concepts to judges and juries.

Colin Miller.Colin Miller.
Jeff MartinJeff Martin
Tom PlunkettTom Plunkett
Amber SchroaderAmber Schroader
Scott GreeneScott Greene
Colin Miller.

Colin Miller.

Joseph F. Rice School of Law

Jeff Martin

Jeff Martin

Evidence Solutions

Tom Plunkett

Tom Plunkett

ArcherHall

Amber Schroader

Amber Schroader

Paraben Corporation

Scott Greene

Scott Greene

Evidence Solutions

Colin Miller.

Colin Miller.

Joseph F. Rice School of Law

Professor Colin Miller is a nationally recognized authority on evidence law, with a particular focus on the evolving legal standards surrounding social media evidence in litigation. His research and teaching explore how traditional evidentiary principles adapt to modern challenges including digital authentication and online content admissibility.

Recognition & Leadership

Creator of the widely read EvidenceProf Blog where he analyzes recent case law developments involving social media and digital authentication. Frequently invited to speak at legal conferences, continuing legal education (CLE) programs, and law schools across the country.

Experience

Scholar and educator who has written extensively on authentication, hearsay, character evidence, and the best evidence rule. Offers practical insights into navigating the complexities of digital evidence in the courtroom for both civil and criminal cases.
Jeff Martin

Jeff Martin

Evidence Solutions

Jeff Martin is a certified Digital Forensics Expert with over 20 years of experience and a Digital Evidence Expert Witness at Evidence Solutions, Inc. He specializes in cell phone forensics, computer forensics, cybersecurity, EMR/EHR forensics, and audio/video/imagery forensics, and has conducted hundreds of digital forensics investigations involving the acquisition, preservation, and analysis of data in state and federal courts. Before joining Evidence Solutions, he served as an Advanced Digital Forensic Analyst with the Michigan State Police Computer Crimes Unit and earlier spent a decade as Chief Information & Security Officer in the financial industry. He is a licensed private investigator in Arizona, Texas, and Michigan.

Education & Credentials

Martin holds a B.S. in Computer Information Systems from Northern Michigan University and an M.S. in Cyber Security & Information Assurance from Davenport University. His certifications include Certified Forensic Computer Examiner (CFCE), Cellebrite Certified Logical Operator, Cellebrite Certified Physical Analyst, Magnet Certified Forensic Examiner, X-Ways and Advanced X-Ways training, and Hawk Analytics cellular technology, mapping, and analysis training

Recognition & Leadership

He maintained a 100% conviction rate across his caseload with the Michigan State Police, and received an award for analyzing vehicle GPS data, cell tower triangulation, and cellphone records to locate a homicide victim buried in a remote forest.

Professional Involvement

Martin is a faculty instructor at Northern Michigan University and Davenport University and an adjunct instructor teaching Cybercrime & Digital Forensics and the Computer Hacking Forensic Investigator (CHFI) certification course, as well as digital forensics search and seizure at the police academy. He serves as a certification coach for the CFCE credential through IACIS, has trained a dedicated group of judges, magistrates, and attorneys in digital evidence, and is a member of Michigan InfraGard, the Northern Michigan University Cyber Security Advisory Council, and IACIS.

Experience

His forensic caseload spans over 550 drive imaging examinations, over 700 cellular phone analyses, and over 500 external media devices. He has qualified as an expert in digital forensics examinations in numerous jurisdictions across the United States and in the Cayman Islands. Earlier in his career he served from 1995 to 2007 in the United States Army and Michigan Army National Guard as a military police, protective services, and military intelligence officer.
Tom Plunkett

Tom Plunkett

ArcherHall

Thomas Plunkett is Managing Director of Digital Forensics & eDiscovery at ArcherHall with over 20 years of experience in digital forensics, cybersecurity, and counterintelligence.

Education & Credentials

Master's degree in information systems. Certified Information Systems Security Professional (CISSP) and EnCase Certified Forensic Examiner (EnCE).

Professional Involvement

Adjunct professor teaching cybersecurity and digital forensics topics at the University of San Diego.

Experience

Led investigations involving data breaches, computer hacking, theft of intellectual property, and foreign intelligence operations. Clients have included all levels of government, law firms, casinos, medical device manufacturers, hospitals, technology companies and celebrities.
Amber Schroader

Amber Schroader

Paraben Corporation

For 30 years, Ms. Schroader has been a leading innovator in digital forensics, developing software to recover data from various sources including smartphones, hard drives, cloud storage, email, and gaming systems.

Education & Credentials

Founded certifications in the digital forensics field.

Recognition & Leadership

Championed a '360-degree approach' and 'Forensics of Everything (FoE)' methodology that has pushed the field towards a more holistic approach. Contributions through industry talks and book contributions.

Experience

Developed software for data recovery from multiple sources and created protocols for evidence seizure and processing used by organizations worldwide. Accomplished instructor having written and delivered numerous courses in digital forensics.
Scott Greene

Scott Greene

Evidence Solutions

For over 42 years, Scott Greene has been helping judges, attorneys, and organizations understand data by collecting, analyzing, and explaining complex electronic and digital evidence in legal matters.

Recognition & Leadership

Sought-after speaker and educator who travels throughout the country presenting to local, regional, national, and international organizations.

Professional Involvement

Affiliated Professional Member of the American Bar Association.

Experience

Expert in Cell Phone Forensics, Black Boxes/EDRs, Triangulation, Electronic Logging Devices, Computers, EMR Forensics, eDiscovery, and Mobile Device Passcode Breaking. Founded Evidence Solutions, Inc. and Great Scott Enterprises, Inc. Served as Expert Witness and Special Master in both Federal and State courts with expert testimony in more than 50 cases. Currently heads the Digital Forensics Division of Evidence Solutions, Inc.
Colin Miller.

Colin Miller.

Joseph F. Rice School of Law

Professor Colin Miller is a nationally recognized authority on evidence law, with a particular focus on the evolving legal standards surrounding social media evidence in litigation. His research and teaching explore how traditional evidentiary principles adapt to modern challenges including digital authentication and online content admissibility.

Recognition & Leadership

Creator of the widely read EvidenceProf Blog where he analyzes recent case law developments involving social media and digital authentication. Frequently invited to speak at legal conferences, continuing legal education (CLE) programs, and law schools across the country.

Experience

Scholar and educator who has written extensively on authentication, hearsay, character evidence, and the best evidence rule. Offers practical insights into navigating the complexities of digital evidence in the courtroom for both civil and criminal cases.
Jeff Martin

Jeff Martin

Evidence Solutions

Jeff Martin is a certified Digital Forensics Expert with over 20 years of experience and a Digital Evidence Expert Witness at Evidence Solutions, Inc. He specializes in cell phone forensics, computer forensics, cybersecurity, EMR/EHR forensics, and audio/video/imagery forensics, and has conducted hundreds of digital forensics investigations involving the acquisition, preservation, and analysis of data in state and federal courts. Before joining Evidence Solutions, he served as an Advanced Digital Forensic Analyst with the Michigan State Police Computer Crimes Unit and earlier spent a decade as Chief Information & Security Officer in the financial industry. He is a licensed private investigator in Arizona, Texas, and Michigan.

Education & Credentials

Martin holds a B.S. in Computer Information Systems from Northern Michigan University and an M.S. in Cyber Security & Information Assurance from Davenport University. His certifications include Certified Forensic Computer Examiner (CFCE), Cellebrite Certified Logical Operator, Cellebrite Certified Physical Analyst, Magnet Certified Forensic Examiner, X-Ways and Advanced X-Ways training, and Hawk Analytics cellular technology, mapping, and analysis training

Recognition & Leadership

He maintained a 100% conviction rate across his caseload with the Michigan State Police, and received an award for analyzing vehicle GPS data, cell tower triangulation, and cellphone records to locate a homicide victim buried in a remote forest.

Professional Involvement

Martin is a faculty instructor at Northern Michigan University and Davenport University and an adjunct instructor teaching Cybercrime & Digital Forensics and the Computer Hacking Forensic Investigator (CHFI) certification course, as well as digital forensics search and seizure at the police academy. He serves as a certification coach for the CFCE credential through IACIS, has trained a dedicated group of judges, magistrates, and attorneys in digital evidence, and is a member of Michigan InfraGard, the Northern Michigan University Cyber Security Advisory Council, and IACIS.

Experience

His forensic caseload spans over 550 drive imaging examinations, over 700 cellular phone analyses, and over 500 external media devices. He has qualified as an expert in digital forensics examinations in numerous jurisdictions across the United States and in the Cayman Islands. Earlier in his career he served from 1995 to 2007 in the United States Army and Michigan Army National Guard as a military police, protective services, and military intelligence officer.
Tom Plunkett

Tom Plunkett

ArcherHall

Thomas Plunkett is Managing Director of Digital Forensics & eDiscovery at ArcherHall with over 20 years of experience in digital forensics, cybersecurity, and counterintelligence.

Education & Credentials

Master's degree in information systems. Certified Information Systems Security Professional (CISSP) and EnCase Certified Forensic Examiner (EnCE).

Professional Involvement

Adjunct professor teaching cybersecurity and digital forensics topics at the University of San Diego.

Experience

Led investigations involving data breaches, computer hacking, theft of intellectual property, and foreign intelligence operations. Clients have included all levels of government, law firms, casinos, medical device manufacturers, hospitals, technology companies and celebrities.
Amber Schroader

Amber Schroader

Paraben Corporation

For 30 years, Ms. Schroader has been a leading innovator in digital forensics, developing software to recover data from various sources including smartphones, hard drives, cloud storage, email, and gaming systems.

Education & Credentials

Founded certifications in the digital forensics field.

Recognition & Leadership

Championed a '360-degree approach' and 'Forensics of Everything (FoE)' methodology that has pushed the field towards a more holistic approach. Contributions through industry talks and book contributions.

Experience

Developed software for data recovery from multiple sources and created protocols for evidence seizure and processing used by organizations worldwide. Accomplished instructor having written and delivered numerous courses in digital forensics.
Scott Greene

Scott Greene

Evidence Solutions

For over 42 years, Scott Greene has been helping judges, attorneys, and organizations understand data by collecting, analyzing, and explaining complex electronic and digital evidence in legal matters.

Recognition & Leadership

Sought-after speaker and educator who travels throughout the country presenting to local, regional, national, and international organizations.

Professional Involvement

Affiliated Professional Member of the American Bar Association.

Experience

Expert in Cell Phone Forensics, Black Boxes/EDRs, Triangulation, Electronic Logging Devices, Computers, EMR Forensics, eDiscovery, and Mobile Device Passcode Breaking. Founded Evidence Solutions, Inc. and Great Scott Enterprises, Inc. Served as Expert Witness and Special Master in both Federal and State courts with expert testimony in more than 50 cases. Currently heads the Digital Forensics Division of Evidence Solutions, Inc.

Credits by state

AK4.5
AL4.5
AR4.5
AZ4.5
CA4.5
CO4.5
CT4.5
DC4.5
DE4.5
FL5.5
GA4.5
HI5.4
IA4.5
ID4.5
IL4.5
IN4.5
KS4.5
KY4.5
LA4.5
MA4.5
MD4.5
ME4.5
MI4.5
MN4.5
MO5.4
MS4.5
MT4.5
NC4.5
ND4.5
NE4.5
NH270.0
NJ5.4
NM4.5
NV4.5
NY5.4
OH4.5
OK4.5
OR4.5
PA4.5
RI5.0
SC4.5
SD4.5
TN4.5
TX4.5
UT4.5
VA4.5
VT4.5
WA4.5
WI5.0
WV5.4
WY4.5

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MCLE Credits

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Approved
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Pending
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Pending
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Not Eligible
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs