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Facebook, Twitter, LinkedIn, Email and Smartphone Evidence: The Ultimate Guide

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Copyright Date: February, 2019
Product ID#: 81845SVDM
Online Access: Expires 6 months from date of purchase

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Basic

Civil Litigation & Trial Skills

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Program Description

Do you have the knowledge you need to obtain valuable social media, email, and mobile phone evidence? This guide will walk you through processes, procedures and the latest case law regarding these groundbreaking new forms of evidence and will provide practical tech advice that you can understand and start using right away. This comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI - order today!

Course Content

Electronically Stored Information (ESI) Law Update - Changes You Need to Know
Top 10 ESI Authentication/Admission Mistakes Attorneys are Making Right Now
What to Look for, Where to Find it and What to do with it
Smartphone Discovery
Overcoming New Hearsay and Relevancy Problems
How to Authenticate ESI: Step-by-Step
How to Get Your Evidence in (and Keep Theirs Out)
Case Law Review
Examples of ESI Authentication/Admission Gone Wrong - Everyday Issues
Legal Ethics and ESI

Agenda / Content Covered

All times are shown in Eastern time

Electronically Stored Information (ESI) Law Update - Changes You Need to Know
10:00 - 10:30, Robert J. Kasieta
1. Current Trends
2. Recent Changes New Developments
3. Changes to the Federal Rules and its Impact on ESI
4. State Trends
Top 10 ESI Authentication/Admission Mistakes Attorneys are Making Right Now
10:30 - 10:45, D. Scott Dunham
What to Look for, Where to Find it and What to do with it
11:00 - 11:45, Robert J. Kasieta
1. Types of Data, Production Specifications and Formats - in Detail
2. Obtaining Evidence: New Methods
  1. PCs and Tablets
  2. Flash Drives
  3. External Hard Drives
  4. Cloud Storage
3. Predictive Coding
4. Defining Different Types and Formats of Metadata
5. Metadata Landmines to Avoid
6. "Scrubbing" Metadata to Remove it From Documents
7. Producing Responsive, Non-Privileged ESI with Appropriate Metadata and OCR
8. Working with and Subpoenaing Social Media Companies
9. Facebook's Archive Feature
10. Using Friending/Following to Obtain Info
11. What can be Done if the Account's Been Closed?
12. Obtaining Deleted Data
13. Processing, Review and Production Pitfalls
Smartphone Discovery
11:45 - 12:15, G. Grant Dixon III
1. Can You Take the Opposing Spouse's Smartphone/Tablet for Evidence?
2. Retrieval Options for Deleted Data
3. How to Subpoena Mobile Phone Carriers for Records
4. In What Form Can Texts be Admitted Into Evidence?
5. Lessons From Recent Court Rulings
6. Using Apps on Your Client's Smartphone to Collect Evidence
Overcoming New Hearsay and Relevancy Problems
12:15 - 1:00, G. Grant Dixon III
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
How to Authenticate ESI: Step-by-Step
1:30 - 2:15, Michael M. Essmyer Sr.
1. Proactively Ensuring Authenticity of ESI
2. Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
3. How to Prove Electric 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
How to Get Your Evidence in (and Keep Theirs Out)
2:15 - 2:45, Michael M. Essmyer Sr.
Case Law Review
2:45 - 3:00, D. Scott Dunham
Examples of ESI Authentication/Admission Gone Wrong - Everyday Issues
3:15 - 4:00, Robert J. Kasieta
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
Legal Ethics and ESI
4:00 - 5:00, Robert J. Kasieta
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:

Credit Information

G. GRANT DIXON III is the founder of the Dixon Law Office, with offices in LaGrange, Chicago, and Oakbrook Terrace, Illinois. The firm represents plaintiffs in serious personal injury, wrongful death and workers' compensation cases. He has obtained multiple million-dollar verdicts, as well as several record verdicts and settlements for his clients. He has been recognized nationally for his representation of injured victims, including six-time Super Lawyer, multi-year Leading Lawyer, and 40 Under 40 Lawyer. Mr. Dixon has been the author or co-author of 32 legal articles and 93 presentations on a wide variety of legal topics around the country. Mr. Dixon earned his B.S. degree from Indiana University and his J.D. degree from the John Marshall Law School in Chicago, Illinois.

D. SCOTT DUNHAM is an attorney in Stillwater, Minnesota. He focuses his practice on personal injury/auto, underinsured/uninsured motorists, and paralegal instruction. Mr. Dunham is a member of the Minnesota Association for Justice, and is licensed to practice law in both Minnesota and Wisconsin. He frequently serves as an arbitrator. Mr. Dunham has argued cases to the Minnesota Court of Appeals and the Minnesota Supreme Court. He earned his B.A. degree from the University of Minnesota and his J.D. degree from William Mitchell College of Law in St. Paul, Minnesota.

MICHAEL M. ESSMYER SR. is a shareholder in the Houston law firm of Essmyer & Daniel, P.C., practicing in federal criminal defense, personal injury law and commercial litigation. Mr. Essmyer has served as a briefing attorney for the Texas Supreme Court, Judge Pope; and has lectured at various seminars on topics relating to evidence, automobile injury cases, personal injury, civil clients with parallel criminal problems, criminal procedure, and the preservation of evidence and privileges. He earned his B.S. degree from Texas A&M University and his J.D. degree, magna cum laude, from South Texas College of Law. He is a member of the Houston Trial Lawyers Association; the Texas Trial Lawyers Association; the American Association for Justice; the Texas Criminal Defense Lawyers Association; the Harris County Criminal Defense Lawyers Association; the Federal, Houston and American bar associations; and the State Bar of Texas.

ROBERT J. KASIETA is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.