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The Use of Social Media in Government Investigations, Prosecutions, and Trials



Thursday, September 22, 2011
Product Code - LGAU02
Speaker(s): Andrew Goldsmith, National Criminal Discovery Coordinator, Department of Justice; Tracy Greer, Attorney, Antitrust Div., Department of Justice; Ron Hedges, Ronald J. Hedges LLC; Sarah M. Mathias, Associate General Counsel for Project Management, Office of General Counsel, Federal Trade Commission; David C. Shonka, Principal Deputy General Counsel, Federal Trade Commission; Ronni D. Solomon, King & Spalding
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Social media pervades our culture. For better or for worse, social media are platforms where people and entities "speak" without an understanding of privacy or confidentiality in those communications. Both federal and state governments have an interest in accessing social media in the furtherance of investigations to consider what may be said.

This webinar explores the circumstances under which social media may be of interest to the federal government. What might the government be interested in? How might the government access social media? What, if anything, may individuals or entities do in response to government inquiries?

  

 Educational Objectives:

1. What policies, if any, should guide an individual or organization in the use of social media?
2. What expectation of privacy or confidentiality, if any, might an individual or organization have when social media is used?
3. How might the federal government gain access to particular social media?
4. What restraints, if any, are there on government access?
5. How might the government use information gained from social media?
6. What might an individual say on social media that would bind her principal?

Who would benefit most from attending this program?

General Counsel and other corporate personnel who presumably authorize the use of social media.

Outside Counsel, who must advise clients of the use of social media and represent clients in investments or other proceedings where their clients’ social media use is an issue.

Andrew Goldsmith, National Criminal Discovery Coordinator, Department of Justice; Tracy Greer, Attorney, Antitrust Div., Department of Justice; Ron Hedges, Ronald J. Hedges LLC; Sarah M. Mathias, Associate General Counsel for Project Management, Office of General Counsel, Federal Trade Commission; David C. Shonka, Principal Deputy General Counsel, Federal Trade Commission; Ronni D. Solomon, King & Spalding

Andrew Goldsmith
National Criminal Discovery Coordinator
Department of Justice


Mr. Goldsmith was appointed by the Deputy Attorney General in January 2010 as the Department’s first National Criminal Discovery Coordinator. In this role, he oversees a wide range of national initiatives designed to provide federal prosecutors with training and resources relating to criminal discovery, including a Handbook on Criminal Discovery and Case Management, training for prosecutors and law enforcement agents, and review of criminal discovery policies nationwide. He is also the primary liaison to all United States Attorneys’ Offices and Department components on these and other discovery-related matters, including electronic discovery issues in criminal cases. Most recently, Mr. Goldsmith served as the First Assistant Chief of the Justice Department’s Environmental Crimes Section, where his responsibilities included supervising many of the nation’s most complex environmental prosecutions. In 2005-06, he successfully prosecuted the Atlantic States case in New Jersey, an eight-month trial that is the longest environmental crimes-related prosecution in United States history. For his efforts in this case, Mr. Goldsmith received the Attorney General’s John Marshall Award, having received the Attorney General’s Award for Distinguished Service the prior year. As part of his responsibilities, Mr. Goldsmith has developed and presented training on worker endangerment, environmental terrorism, and laboratory fraud.

Tracy Greer
Attorney, Antitrust Division
United States Department of Justice


Tracy Greer is an attorney in the Networks & Technology Enforcement Section of the Antitrust Division of the United States Department of Justice. The Section has the responsibility for mergers and civil conduct antitrust matters in the areas of computer hardware and software, high technology component manufacturing, Internet-related businesses, financial services, and the securities industry. Ms. Greer joined the Antitrust Division in 1997. She also serves as a member of the Department of Justice’s EDiscovery Working Group. Ms. Greer received her undergraduate degree from Brown University in 1985. She received her law degree from the University of Texas at Austin in 1988 where she was the Managing Editor of the Texas Law Review. She clerked for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit.

Ron Hedges
Ronald J. Hedges LLC


Ron is a special master, arbitrator, and mediator specializing in e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. Ron is a member of BNA’s Digital Discovery and Electronic Evidence Advisory Board. He is also a member of The Sedona Conference, and E-Discovery Institutes of Georgetown University Law Center, where he teaches e-discovery and e-evidence. Ron is author of Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a coauthor of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007).

Sarah M. Mathias
Associate General Counsel for Project Management
Office of General Counsel
Federal Trade Commission


Sarah Mathias currently works within the Federal Trade Commission’s Office of General Counsel as the Associate General Counsel for Project Management. Before her rejoining OGC, she was Chief of Staff under Chairman William E. Kovacic from March 30, 2008 to March 2, 2009, and she served as an attorney advisor to Commissioner Kovacic from 2006 to 2008. She began her work at the FTC in the fall of 2002 within the Office General Counsel’s Policy Studies. Ms. Mathias contributed to the FTC/DOJ Hearings on Health Care and Competition Law and Policy by organizing, researching, and participating in the hearings. She also helped with the FTC/DOJ Hearings on Competition and Intellectual Property Law and Policy in the Knowledge‐Based Economy. Ms. Mathias contributed to a number of reports released by the FTC and was one of the principal drafters of the joint FTC/DOJ report “Improving Health Care: A Dose of Competition” (2004) and “Gasoline Price Changes: The Dynamic of Supply, Demand, and Competition” (2005). Before joining the FTC, Ms. Mathias was a litigation associate with Jones Day in Washington, DC, and in Little Rock, Arkansas, she served as a law clerk to the Honorable Richard S. Arnold. She is a member of the American Bar Association, the Arkansas Bar Association, as well as the District of Columbia Bar Association. Ms. Mathias is currently a co‐chair of the ABA Section of the Antitrust Law Committee, Federal Civil Enforcement Committee, she was vice chair of that committee during 2005‐2007, and a vice chair of the Health Care Industry Committee during the 2004‐2005 section year.

David C. Shonka
Principal Deputy General Counsel
Federal Trade Commission


David C. Shonka is the Principal Deputy General Counsel of the Federal Trade Commission and he heads the FTC’s E-Discovery Steering Committee. Before becoming the Principal Deputy, he served as the Assistant General Counsel for Litigation at the FTC from 1993. Before joining the FTC, Mr. Shonka was an associate in a Washington D.C. law firm and a litigator in the Civil Division of the United States Department of Justice. In his career at the FTC, Mr. Shonka has tried and argued competition and consumer protection cases in the federal district courts; tried cases in administrative proceedings, represented the Commission in numerous appellate cases; and contributed to the government’s briefs in several Supreme Court cases. He has spoken at numerous E-Discovery conferences, and has been an instructor in deposition, trial, and motion practice courses. Besides having been an active litigator, Mr. Shonka has advised the Commission on the entire range of legal and policy issues that have come before the Commission; and he has represented the Commission in several international programs.

Ronni D. Solomon
King & Spalding


Ronni Solomon focuses her practice on the management of major discovery matters and is a member of King & Spalding’s E-Discovery Practice Group. She serves as National E-Discovery Counsel for large corporations providing guidance on e-discovery issues, including both litigation preparedness and discovery strategy in active litigation. Ms. Solomon has been quoted in a number of publications on e-discovery issues, including The Wall Street Journal, the American Bar Association’s Litigation News and the Atlanta Business Chronicle.

Ms. Solomon has been a litigator for over fourteen years. Prior to joining King & Spalding, she was a corporate discovery specialist for one of the largest e-discovery companies in the industry where she advised and consulted with in-house counsel of large corporations on electronic discovery strategies. Ms. Solomon is a member of The Sedona Conference Working Group on Electronic Document Retention and Production and is currently the team leader for the Social Media drafting team. Ms. Solomon is on the Board of Directors of The American Society of Forensics and E-Discovery, is the former Director of the Atlanta Chapter of Women in E-Discovery, and is a member of the Association of Records Managers and Administrators, Inc. (ARMA).