Witness Cross Examination on Social Networking Evidence

The following Cross Examination is from the Ivize Mock Trial in Palo Alto on October 21, 2008.

The fictional case was Main Street Auto v. At Home Accounting.  Main Street Auto used At Home Accounting as an online accounting service.  At Home Accounting was hacked, resulting in the loss of plaintiffs’ financial data, resulting in identity theft and monetary damages. Main Street Auto sues for breach of contract, breach of fiduciary duty and negligence.

“Dale Patton” was a defendant who blogged about problems with At Home Accounting’s security and his personal practices at work. The key exhibits included text messages, a Facebook profile and a blog.

The masterful cross examination was conducted by Charles Smith, Esq., of Hartnett, Smith & Associates.

Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg in 2013, 2014, and 2015, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.