Looking for ways to connect in the "new normal" world of COVID-19 and social distancing, Americans are spending more time online. Recent data from Kantar suggests there has been a 61% increase in social media engagement and a 37% increase in overall Facebook usage; and consumer research data published by IZEA Worldwide indicates two-thirds of those surveyed believed their social media usage would increase if they were confined to their homes. With more internet use, particularly given additional free time, chances are plaintiffs are increasing their use of social media. Defense strategies can benefit significantly from social media research—how and why does increased social media usage matter for litigation?

Publicly available social media profiles routinely offer case-relevant information on plaintiffs. What are their preferences and everyday activities? Who do they associate with? The answers to these questions can often be found on social media. Given their potentially limited in-person interactions with others at this time due to social distancing, plaintiffs may be posting online with more frequency, and those with no prior online presence may feel compelled to start a Facebook, Instagram, Twitter or other type of social media profile.

Keeping in mind ethical and privacy considerations, social media research can provide pivotal information for cases. Litigation related to personal injury, wrongful death and domestic issues immediately come to mind; however, most cases may benefit from social media research if litigants are publicly disclosing information that does not require "friending" or "following" to view. To ensure appropriate professional conduct and use of social media, existing guidance, including information from the American Bar Association and local bar associations, should be consulted and followed at the outset of any social media investigation.

Researching litigants' social media presence may offer insight into who they are beyond discovery material or a complaint. Particularly while social distancing and stay-at-home orders are in the process of being rescinded, it may be of interest to see if plaintiffs are posting about the activities they are performing, and if these activities are in line with state and local guidelines—or perhaps are inconsistent with plaintiffs' legal claims. For example, before the current pandemic, a plaintiff in a personal injury case alleged that she was physically disabled, which would prohibit extensive travel. However, photos on Facebook told a different story, and pictured her taking several international trips during her alleged injury period. Contradictory evidence was also identified via social media in a product liability case, where the plaintiff claimed he did not consume alcohol. Photos on the Instagram profile of a social organization that he belonged to proved otherwise; this was particularly relevant to the case, as alcohol use was a potential contributing factor to his medical condition. This type of intelligence can reveal information about a plaintiff's character and integrity, which can aid in determining an approach to settlement discussions.

Social media research related to plaintiffs' network of family and friends (including former significant others) should also be considered when developing a social media investigation strategy. Are these individuals posting about their own health, which may reveal the family health history of the plaintiff (and potential alternative causation)? Or, are they sharing posts about the plaintiff's activities and health status—particularly during the COVID-19 pandemic, if they are worried about plaintiffs engaging in behavior that puts their health at risk? In one product liability case, the plaintiff's children posted on social media about his health issues, including statements suggesting that his delay in obtaining medical treatment was a contributing factor to his rapid deterioration in health. This intelligence can be critical in settlement discussions. Public posts by friends or family members can help to develop a more comprehensive picture of a plaintiff, in particular, an individual who may not maintain a social media account.

It is also important to look beyond mainstream social media platforms and assess plaintiffs' general online presence. Are they blogging or posting on forums or public chat rooms? Do they have public Amazon Wish Lists or YouTube Watchlists? With increased free time, they may be selling goods on online marketplace sites such as Craigslist and eBay; the types of goods they are advertising may reveal information about their interests, activities, and personal ideologies, which can be valuable when assessing defense strategies. Delving further into plaintiffs' online presence may also identify social media profiles under additional pseudonyms.

Preservation of material is critical when it comes to social media content. At any time, publicly available content can be removed. Plaintiffs may desire a "fresh start" and clean up prior posts or adjust privacy settings on their social media accounts. Capturing plaintiffs' social media profiles and other online content as soon as possible will ensure that any relevant content is available for review and analysis in the future, even if this content is later removed (which can also be telling) or made private.

Social distancing amid the COVID-19 pandemic is likely to have a long-term impact on people's online activities. During this time when Americans are turning to the internet to form and maintain personal connections, many litigants may be more active on social media. Monitoring and preserving public content can provide information that may be of considerable value. Social media content related to health, daily activities and family members, as well as general online presence, can provide case-relevant intelligence that can be useful in defending litigation.

Michael Poskonka and Allison Oliver are members of the executive team at Smith & Carson, an investigative research firm specializing in social media research, investigative due diligence, complex fact investigations, and juror research and analytics.