Agenda / Content Covered

1. Top Admission Mistakes Made With ESI
   9:00 - 9:45, Written by David R. Keesling. Presented by William C. Searcy in Oklahoma City and David R. Keesling in Tulsa.
   1. Preparation, Coordination and Submission
   2. Weighing the Duty to Mitigate With the Duty to Hold Evidence for Trial
   3. Duty to Produce and Preserve
   4. Spoliation Pitfalls
   5. Sanctions and Proportionality
   6. Protective Orders, Production and Privilege Logs
   7. Defensible Legal Holds
   8. Citing Online Content Properly
   9. Privileged ESI That is Discoverable (Exceptions)
   10. Clawback Agreements
   11. Making Email Evidence Usable in the Courtroom
2. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
   9:45 - 10:30, Written by Dr. Gavin W. Manes Ph.D. Presented by Chris Smith in Oklahoma City and Dr. Gavin W. Manes Ph.D. in Tulsa.
   1. Types of Data, Production Specifications and Formats - In Detail
   2. Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
   3. Using Apps on Your Client's Smartphone to Collect Evidence
   4. Predictive Coding Do's and Don'ts
   5. Metadata Explained
      1. Defining Different Types and Formats
      2. Metadata Landmines to Avoid
      3. "Scrubbing" Metadata to Remove it From Documents
      4. Producing Responsive, Non-Privileged ESI With Appropriate Metadata and OCR
   6. Working With and Subpoenaing Social Media Companies
   7. Facebook's Archive Feature
   8. Using Friending/Following to Obtain Info
   9. What can be Done if the Account's Been Closed?
   10. Obtaining Deleted Data
   11. Processing, Review and Production Pitfalls
3. Real-World Examples, Handy How-To's and Sample Screen Shots
   10:45 - 12:00, Written by David R. Keesling. Presented by Chris Smith in Oklahoma City and David R. Keesling in Tulsa.
   1. Preservation, Spoliation and Authentication Obstacles
   2. Facebook, Twitter, LinkedIn and Tumblr
   3. Emails (Work-Related and Personal)
   4. Video Surveillance (Private and Public)
   5. Computerized Versions of Contracts and Other Documents
   6. Text Messages and Voicemail
   7. Chats and Instant Messages
   8. YouTube and Vine
   9. Instagram, Pinterest and Snapchat
4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
   1:00 - 1:45, Written by William C. Searcy. Presented by William C. Searcy in Oklahoma City and Tulsa.
   1. Proactively Ensuring Authenticity of ESI
   2. Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
   3. How to Prove Electronic Documents Have Not Been Modified
   4. Have the Systems Been Altered? How to Prove Reliability
   5. Identifying Who Made the Post and Linking to the Purported Author
   6. Is the Evidence What the Proponent Claims?
   7. Does the ESI Have Distinctive Characteristics?
   8. Examination of Circumstantial Evidence
   9. State Interpretation of Federal Rule 901
   10. Prima Facie Demonstration
   11. Proven Methods for Testing ESI (Comparison, Control, Hash Tags, Encryption and Metadata)
   12. Self-Authentication Methods
   13. Real-Life Examples and Recent Case Law
5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
   1:45 - 2:30, Written by David R. Keesling. Presented by Timila S. Rother in Oklahoma City and David R. Keesling in Tulsa.
6. Applying Hearsay Exceptions and Overcoming Relevancy Issues
   2:45 - 3:30, Written by William C. Searcy. Presented by William C. Searcy in Oklahoma City and Tulsa.
   1. Is Computer-Generated and Cell Phone Information Hearsay?
   2. Adhering to the Hearsay Rule
   3. Applying Hearsay Exceptions to Email, Text and Social Media
   4. Relevancy Hurdles
   5. How to Avoid Privilege Pitfalls
7. Legal Ethics and ESI
   3:30 - 4:30, Written by Dr. Gavin W. Manes Ph.D. and Timila S. Rother. Presented by Timila S. Rother in Oklahoma City and Dr. Gavin W. Manes Ph.D. in Tulsa.
   1. Duties Owed to Clients, Opposing Counsel and the Courts
   2. ESI Issues to Address in the Courtroom
   3. Privilege Waivers
   4. Searching Social Networking Sites
   5. Personal Privacy Concerns Arising From Modern Database Searches
   6. Ethical Duties When Mining Metadata

Accreditation Details:

DAVID R. KEESLING is an attorney with Keesling Law Group PLLC, where his practice areas focus on legal matters such as business and commercial law (U.S. and International), contract law, corporate law and governance, criminal defense and civil rights law, employment and labor law, family law and estates and real estate law. Mr. Keesling is admitted to practice in the state of Oklahoma, the U.S. District Court for the Northern District of Oklahoma, the U.S. District Court for the Western District of Oklahoma, and the U.S. District Court for the Eastern District of Oklahoma. He is a member of the Tulsa County, Oklahoma, and American bar associations. Mr. Keesling earned his B.S. degree from Missouri State University and his J.D. degree from the University of Tulsa College of Law. (Tulsa location)

DR. GAVIN W. MANES PH.D. is a nationally recognized expert in e-discovery and digital forensics. He is currently the CEO of Avansic, a firm that provides the legal, business, and government sectors with e-discovery, digital forensics, data preservation, and online review services. Dr. Manes founded this Tulsa-based company in 2004 after graduating with his Doctorate in Computer Science degree and serving as a professor at the University of Tulsa. There, he led the creation of nationally recognized research efforts in digital forensics and telecommunications security. In growing Avansic, Dr. Manes strives to create a scientific approach to ESI processing in order to make e-discovery more effective and efficient for clients. By designing a laboratory that combines industry standard programs with custom software, Avansic can create more useful data sets. Dr. Manes has served as an expert witness for many legal proceedings through courtroom testimony, depositions and consulting with attorneys on data preservation issues. He has given hundreds of presentations to law firms, corporate officers, legal conferences and judges on the latest topics in e-discovery. Dr. Manes has briefed the White House, Department of the Interior, the National Security Council, and the Pentagon on computer security and forensics issues. (Tulsa location)

TIMILA S. ROTHER is a shareholder and director in Crowe & Dunlevy, P.C.'s Oklahoma City office. Her experience ranges from litigation in class action, insurance, business, and healthcare cases to appellate work. Ms. Rother also has experience in ethics and legal malpractice cases and is loss prevention and claims counsel for the firm. She has lectured on ethics, insurance, healthcare and motion practice topics. Ms. Rother is a member of the American and Oklahoma bar associations. She also is a member of the Oklahoma Legal Ethics Advisory Panel. Ms. Rother earned her B.S. degree, with honors, from the University of Oklahoma and her J.D. degree, with honors, from the University of Oklahoma College of Law. (Oklahoma City location)

WILLIAM C. SEARCY is a shareholder with the law firm of Barber & Bartz, P.C., in Tulsa, where his practice has been focused primarily on employment and labor law, business and employment litigation, and consumer law. He is also licensed in the Northern, Eastern and Western Federal District Courts of Oklahoma. Mr. Searcy is a member of the Tulsa County Bar Association and the Oklahoma Bar Association. He earned his B.A. degree from Baylor University in Waco, Texas and later earned his M.A. degree from Middlebury College in Middlebury, Vermont. Mr. Searcy earned his J.D. degree from the University of Oklahoma and was admitted into the practice that same year in Oklahoma. He studied two semesters at the Johannes Gutenberg Universitaet in Mainz, Germany, and later taught German and German literature from 1993 to 1996 as a full-time faculty member at OSU in Stillwater. Mr. Searcy has also taught German at TCC as an adjunct instructor, as well as human resources management, business law, and employment law at the University of Phoenix (Tulsa Campus). (Oklahoma City and Tulsa locations)

CHRIS SMITH is an attorney with Smith Simmons, PLLC. Mr. Smith represents clients in all matters of family law, including high-stakes divorce and custody litigation, child support enforcement, visitation modification and enforcement, premarital agreements, adoption and guardianship. He is certified as a collaborative attorney and trained mediator. He also represents clients in all areas of personal and business litigation and business planning, including general business matters, business formation and succession planning, estate planning, joint venture and partnership agreements, social media and advertising matters, search engine optimization law, digital service agreements, and mobile technology licensing. Mr. Smith is a member of the Oklahoma (member, Family Law Section), Texas (member, Technology Section, Business Section, Family Law Section), American, Dallas County and Oklahoma County bar associations; Oklahoma Academy of Collaborative Professionals; Collaborative Law Institute of Texas; and WealthCounsel. He is admitted to all Oklahoma and Texas state courts and the Western District of Oklahoma. Mr. Smith earned his B.S. degree from Oklahoma Christian University and his J.D. degree from the University of Oklahoma. He has been selected as a Rising Star by Superlawyer Magazine, and has been featured on television and in print media for his commentary on legal policy issues affecting individuals and practice management issues impacting solo and small firms. (Oklahoma City location)