Social media expert witness for TikTok, Instagram, Facebook, Snapchat, YouTube, and X litigation.

Facebook evidence can turn on how messages, account activity, and deletion are documented and interpreted. Kate Talbot analyzes Facebook and other social media platforms to provide independent expert opinions in litigation. She has been retained in 20+ matters by firms including Fish & Richardson, Knobbe Martens, and Seyfarth Shaw, spanning IP, employment, personal injury, criminal defense, and insurance defense, translating platform mechanics into testimony judges and juries understand.

20+Matters retained
JAMSSworn expert testimony in a JAMS arbitration
6Platforms covered
Opposing counselBecame the client after an 8.5-hour deposition

The questions attorneys retain Kate to answer

Social media can feel like a black box. Kate explains how the platforms work and what the evidence in a case actually shows. Recent engagements have answered questions like these.

Her National Law Review guide to retaining a social media expert →

  • Was this YouTube video publicly accessible on a specific date?
  • What is a social media account actually worth?
  • How far did this post really reach, and who saw it?
  • Are these followers and engagement numbers authentic?
  • Is this platform data export complete, or is content missing?
  • Did this influencer campaign comply with FTC disclosure rules?

How the work shows up in a case

Selected examples of the questions Kate has been retained to analyze. Each matter is different; these examples show the range of the work, not its limits.

Patent and IP disputes

My patent work focuses on a specific question: when a YouTube video became publicly accessible and whether it can qualify as prior art. I trace the video's publication history and explain the platform evidence in a form that can withstand scrutiny.

Criminal matters

Social media can shape a criminal matter long before a jury is seated. In one murder matter, I examined how online discussion and news coverage had influenced the local information environment, providing analysis for a motion to move the trial to another county.

Personal injury

My personal injury work includes sensitive, large-scale events that caused lasting harm to families. I examine how harmful content spread through platform algorithms and whether public posts, comments, or warning signs could have informed law enforcement before the event. The analysis connects complex platform behavior to the factual questions at issue in responsibility and damages.

Defamation and valuation disputes

A social media account can be both a public voice and a business asset, which makes its value central to some disputes. In one matter, I assessed the role an Instagram account played in a hotel brand's business and gave counsel a supportable dollar valuation. The same discipline applies to defamation and advertising matters, where the outcome turns on what was actually said and who actually saw it.

Employment and arbitration matters

Social media evidence can help explain workplace conduct, harassment, and how platform features shape what users can create and share. In employment and forced-arbitration matters, I have analyzed Snapchat evidence involving alleged targeting and harassment, and explained how Snapchat works when the platform itself was central to the dispute.

Retained by firms nationwide

Selected engagements from 20+ retained matters. Declarations cited in court filings and before the USPTO. Deposition testimony that has withstood cross-examination.

FirmPlatformMatter
Fish & Richardson P.C.YouTubeMultiple IP matters
Knobbe MartensYouTubeMasimo Corporation v. Apple
Robinson SolicitorsX (Twitter)McGuirk v. Cosgrave, High Court of Ireland
Koskoff & Bieder, P.C.InstagramMata v. Meta
Seyfarth Shaw LLPSnapchat10PM Curfew v. Patil
Emery Celli Brinckerhoff Abady Ward & Maazel LLPSnapchatDodds v. Live Nation
Leydig, Voit & Mayer, Ltd.YouTube3D Diagnostix, Inc.
Wicker SmithInstagramCuba Libre Orlando v. Khomiak
O'Hagan Meyer, PLLCSnapchatYvette Cabral Sullivan v. Fiba Technologies Inc.
Thomas M. Dickey Law Offices, P.C.SnapchatCommonwealth of Pennsylvania v. Holly Dawn Metzler
Curtis & PorterTikTokScarbrough v. Jefferson County, Idaho
The United FirmOnline community analysisPeople v. Kevin Eduardo Cataneo-Salazar
Heartland Law OfficeSnapchatState of North Dakota v. Rod
Law Offices of Steve GimblinInstagramDutch Flat Hotel
Farmers InsuranceInstagramCastro v. Barseghian
Erise IPYouTubeRavin Crossbows v. MCP IP
Brett Little, P.A.FacebookSnoddy v. Woods
Silverman ThompsonTikTokConfidential criminal matter
Vorsatz & VorsatzFacebookConfidential family law matter

Credentials that survive scrutiny

Sworn expert testimony in a JAMS arbitration. Insights published by Forbes, CNN, BBC, NPR, iHeartRadio, HuffPost, and Nasdaq. CLE instructor for attorneys via Lawline and LegalEdge. Developer and instructor of social media workshops for organizations including Sony Latin America and the Digital Marketing Institute in Dublin.

What attorneys ask before retaining

What legal matters do you provide expert opinions on?
Intellectual property, advertising, employment, personal injury, criminal defense, and insurance defense matters. The analysis covers digital evidence, influencer marketing, and online advertising to help courts understand how social content and campaigns affect a case.
Do you accept engagements outside California?
Yes. Based in San Francisco, with expert witness services nationwide and internationally, including declarations, depositions, mediations, and trial testimony in state and federal courts.
Which social platforms do you analyze most often?
Instagram, YouTube, Snapchat, TikTok, Facebook, and X, including audience reach, engagement authenticity, disclosure compliance, and platform policy adherence.
How does your engagement process work?
Counsel typically starts with a consultation and case-material review. If retained, a scope and fee agreement follows, then reports, affidavits or declarations, and deposition and trial testimony as needed.
What does a social media expert witness do?
A social media expert witness analyzes online content, platform behavior, algorithms, engagement data, and user activity to help attorneys understand how digital content was created, distributed, interpreted, or amplified. I review posts, videos, comments, analytics, metadata, and platform-level signals to form clear, defensible opinions that support legal arguments.
When should an attorney hire a social media expert witness?
Attorneys should involve a social media expert when a case includes online content, influencer activity, advertising claims, algorithmic impact, brand misrepresentation, platform analytics, or questions about authenticity. Early involvement helps preserve evidence, assess damages, interpret platform data, and guide overall strategy.

See all FAQs →

Working on a matter involving social media evidence?

Reach out with your case details and get a straight answer on fit, conflicts, and availability, plus a current CV and fee schedule for your file.

Connect with Kate

kate@katetalbotmarketing.com · (415) 702-0426

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