Evidence in Court

CRIMINAL LAW

Divorce/Family Law:

Social Media

In 2009, Daniel Knight Hayden became the first person to be prosecuted for his tweets. He wanted a ‘war’ against the US government and threatened to cut cops’ heads o�.

Brooklyn rapper, Neno Best's Instagram POSTS lead to largest gun bust in NYC history.

NENO BEST

JANE & john DOE8 hrs.

$

In April 2016, a couple was arrested in Ohio after they allegedly robbed a bank, then posted pictures of themselves with the wads of cash on Facebook.

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Claims AgainstBusinesses:

Bollea (aka Hulk Hogan) v. Gawker:

RESULTS:

Gawker employees used the Campfire chat platform to chat about the video and mock Hogan. Those chats were later used by Hogan's attorneys in the case.

$25.1MILLION

$60MILLIONfor Emotional Distress

$55MILLIONfor Economic Damages

IN punitive damages

$

Social Media Messaging Apps

Campfire # of users:Slack # of users:

100,000+2,000,000+

3,000,000,000Over messagessent in Hipchat in 2015

REACHED 11.4 millionIn total, the influencers’ posts

JANE SMITH

$

LORD & TAYLOR V. FTC:National retailer Lord & Taylor has agreed to settle Federal Trade Commission charges that it deceived consumers by paying for native advertisements promoting a dress. Lord & Taylor paid 50 online fashion “influencers” between

pictures to promote its new Design Lab collection.

$1,000 and $4,000 each to post instagram

Instagram users over just two days, led to 328,000 brand engagements and caused the promoted dress to sell out quickly.

However, his online postings showed o� photographs of him sitting in a Ferrari, taking a cruise, and selling land that he owned.

and declared he was single and childless, while seeking primary custody of his children.

A HUSBAND JOINED MATCH.COM

A wife was fighting for custody of herchildren and evidence surfaced from the gaming site "World of Warcraft" which had

where she had been chatting with her boyfriend at the precise time she claimed to be out with her children.

TRACKED HER ONLINE

JON JOHNSON

A father claimed he could not afford to pay any type of child support.

How might social media berelevant in your client's case?

Facebook

INSTAGRAM

TWITTER

PERSONALINJURYextent of injury/emotional distress after an accident

EMPLOYMENTworkplace environment/culture, substantive facts, identifying witnesses

FAMILY LAW ORBANKRUPTCYproof of assetsor employment

Criminal Law or Probationmotive, substantive facts, identifying witnesses

! $

People are using social media more than ever before.If you're not using social media to make your client's case, you're doing a disservice to your clients and may even be

placing them at a disadvantage.

50% go on facebookwhen they wake up.

50% of 18-24 year-olds

COLE HERNANDEZ3 hrs.

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90 pieces ofcontent per month.

Average Facebook user creates

According to statistics from Facebook, two average users are now only separated by 3.5 degrees.

83MILLIONFAKEPROFILES

400 millionover

SARA FLINT

COLE HERNANDEZ @therealcole • 57m

SARA RICKS @saraaa • 50m

instagram users.

Of those, 90% are younger than 35.

Average user spends

per day on Instagram.21 minutes

More than 70 million photos and videos are shared each day.

80% of which are usingmobile devices to tweet

80%

284 MILLIONACTIVE TWITTERUSERS MONTHLY.

More than

20 MILLIONFAKEPROFILES

COLE HERNANDEZ @therealcole • 57m

SARA RICKS @saraaa • 50m

TODAY OVER A BILLION TWEETSARE SENT EVERY 48 HOURS.

It took 3 years, 2 months and 1 day for the first billion tweets to be sent;

33% of American teens use Twitter.

SourcesLaw O�ce of Scott L. Malouf, www.scottmalouf.comhttps://www.ftc.gov/news-events/press-releases/2016/03/lord-taylor-settles-ftc-charges-it-deceived-consumers-throughhttp://www.nytimes.com/2016/03/18/business/media/hulk-hogan-v-gawker-a-guide-to-the-trial-for-the-perplexed.html?_r=0http://www.cbsnews.com/media/12-fun-facts-about-facebook-on-its-12th-birthday/2/http://fusion.net/story/278532/gawker-hulk-hogan-sex-tape-trial-chat-transcripts/http://www.business2community.com/social-media/47-superb-social-media-marketing-stats-facts-01431126#W5QSIkWAc3eOLJcX.97http://www.inman.com/2016/01/04/infographic-31-instagram-facts-will-change-business/http://www.theverge.com/2014/12/23/7442791/police-can-gather-evidence-by-making-fake-instagram-accounts-courthttp://maleyinvestigations.com/child-custody.asp?tip=45http://newsone.com/2690499/neno-best-nyc-gun-ring-bust/http://kdvr.com/2015/09/29/couple-arrested-for-ohio-bank-robbery-after-posting-pictures-to-facebook/http://www.digitalinformationworld.com/2015/01/twitter-marketing-stats-and-facts-you-should-know.htmlhttp://www.je�bullas.com/2015/04/25/23-epic-twitter-facts-and-statistics-that-may-surprise-you/

To learn more on how to better use social media in litigation or discovery in your law firm, watch our webinar

“Your Client Posted What?Top Social Media Concerns for Lawyers and Clients”

with attorney and social media evidence consultant Scott Malouf.

http://www.mycase.com/blog