Stop using social media for marketing only and get tips on how to use social media as evidence in court in this infographic from MyCase and attorney Scott Malouf.

1. 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 off.
Brooklyn rapper, Neno
Best's Instagram POSTS
lead to largest gun
bust in NYC history.
NENO BEST
JANE & john DOE
8 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.
Like Comment Share
Claims Against
Businesses:
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.
$25.1
MILLION
$60
MILLION
for
Emotional
Distress
$55
MILLION
for
Economic
Damages
IN punitive
damages
$
Social Media Messaging Apps
Campfire # of users:
Slack # of users:
100,000+
2,000,000+
3,000,000,000Over messages
sent in Hipchat in 2015
REACHED 11.4 million
In 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 off
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 her
children 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 be
relevant in your client's case?
Facebook
INSTAGRAM
TWITTER
PERSONAL
INJURY
extent of
injury/emotional
distress after an
accident
EMPLOYMENT
workplace
environment/culture,
substantive facts,
identifying witnesses
FAMILY LAW OR
BANKRUPTCY
proof of assets
or employment
Criminal Law
or Probation
motive, 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 facebook
when they wake up.
50% of 18-24 year-olds
COLE HERNANDEZ
3 hrs.
Like Comment Share
90 pieces of
content per month.
Average Facebook user creates
According to statistics from Facebook, two average
users are now only separated by 3.5 degrees.
83
MILLION
FAKE
PROFILES
400 million
over
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 using
mobile devices to tweet
80%
284 MILLION
ACTIVE TWITTER
USERS MONTHLY.
More than
20
MILLION
FAKE
PROFILES
COLE HERNANDEZ @therealcole • 57m
SARA RICKS @saraaa • 50m
TODAY OVER A BILLION TWEETS
ARE 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.
Sources
Law Office of Scott L. Malouf, www.scottmalouf.com
https://www.ftc.gov/news-events/press-releases/2016/03/lord-taylor-settles-ftc-charges-it-deceived-consumers-through
http://www.nytimes.com/2016/03/18/business/media/hulk-hogan-v-gawker-a-guide-to-the-trial-for-the-perplexed.html?_r=0
http://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.97
http://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-court
http://maleyinvestigations.com/child-custody.asp?tip=45
http://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.html
http://www.jeffbullas.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