Litigation & Appeals

OH Specific

Obtaining Evidence From Electronic Devices in Ohio

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Kentucky CLE Approved 6 Total
Ohio CLE Approved 6 Total
OnDemand
6 hours 3 minutes
Donald Wochna
Todd Kotler
Marlon Primes
Raymond Grasing
With Donald A. Wochna from E-Data Law Group LLC + 3 others
Recorded June 26, 2025
Product ID 100138

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Overview

Practical, Step-by-Step Instruction and Real-World Tips

Do you know where to look on social media, smartphones, and other devices to find all case-supporting or damaging evidence? Do you know how to collect relevant data and how to assure that data can be admitted as evidence? In this online seminar, faculty will show you how to gather evidence from electronic devices and get it authenticated when hiring an expert is not feasible. Don't miss this opportunity for practical how-to's - register today!

  • Find out how to detect if electronic evidence has been altered or destroyed.
  • Receive practical tips on collecting evidence from Facebook, X (Twitter), Instagram, and other social networking sites.
  • Learn how to obtain evidence from PCs, tablets, flash drives, external hard drives, and cloud storage.
  • Discover how to authenticate social media posts, text messages, emails, and more.
  • See how to properly collect evidence on smartphones, wearable tech, GPS, and other devices.
  • Explore where to find metadata, what it shows you, and how to properly scrub, preserve, or produce it.
  • Use subpoenas to get records from social media companies and cell phone carriers.

Abbreviated Agenda

  1. Rules and Resources You Need to Know
  2. Collecting Social Media Account Content
  3. Obtaining Computer, Email, and Internet Evidence
  4. Retrieving Evidence From Smartphones
  5. Cameras, Wearable Tech, GPS Devices, and More: Real-World Tips
  6. Metadata: Using, Scrubbing, Producing
  7. Legal Ethics of Social Media and ESI
  8. Subpoenaing Social Media, Phone Records, and More (w/Samples)
Product ID 100138

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Kentucky CLE Approved 6 Total
Ohio CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Rules and Resources You Need to Know

    1. Types of Data, Storage, Production Specifications, and Formats
    2. Privacy, Privilege Laws, and Case Law
    3. Applying the Discovery Rules to ESI
    4. Data Collection Software
    5. Predictive Coding/Technology Assisted Review
    6. When and How to Use Computer Forensics Specialists
    7. Preserving and Protecting Electronic Evidence
    8. Tips for Detecting Alteration or Destruction of ESI
  2. Collecting Social Media Account Content

    1. Social Media Sites You Must Know
    2. What to Look for and Where to Find it
    3. Social Media Discovery
    4. Downloading Social Media Content
    5. Archive Features
    6. What to Do if an Account's Been Deactivated or Deleted
    7. Facebook, X (Twitter), LinkedIn, Instagram, and More: Handy How-to's and Screenshots
    8. Authenticating Social Media Postings
  3. Obtaining Computer, Email, and Internet Evidence

    1. Obtaining Evidence From PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
    2. Gathering, Reviewing, and Producing Emails
    3. Cookies and Web History
    4. Go-to Website Resources
    5. Collecting Internet Evidence
    6. Obtaining and Using Deleted Internet Evidence
    7. Citing Online Content Properly
    8. Handy How-to's and Screenshots
    9. Authenticating Emails, Internet Evidence, and More
  4. Retrieving Evidence From Smartphones

    1. What to Look for, Where to Find it
    2. Texts, Instant Messages, and Voice Messages
    3. Collecting Evidence on Apps
    4. Collecting Audio and Video
    5. Geo Tagging
    6. Finding Evidence of a Secret or Hidden Phone
    7. Using Apps to Collect Evidence
    8. Retrieving Deleted Data and Messages
    9. Authenticating Text Messages and Other Smartphone Content
  5. Cameras, Wearable Tech, GPS Devices, and More: Real-World Tips

  6. Metadata: Using, Scrubbing, Producing

    1. What Metadata Can Reveal
    2. Avoiding Disclosure of Work Product or Privileged Information
    3. Scrubbing Metadata to Remove it From Documents
    4. Preserving and Producing File Metadata
    5. Using Metadata to Authenticate Documents
  7. Legal Ethics of Social Media and ESI

    1. Social Media Ethics
    2. Attorney E-Discovery Competency
    3. Data Confidentiality
    4. Spoliation: Ethical Issues
    5. Inadvertent Disclosure of Documents: Sender vs. Receiver
    6. Ethics of Using Generative Artificial Intelligence
  8. Subpoenaing Social Media, Phone Records, and More (w/Samples)

    1. When to Request, What to Request, and What You'll Receive
    2. In-State vs. Out-of-State Subpoenas
    3. Issuing Subpoenas to Websites or Parent Companies
    4. Using Subpoenas for Social Media Records
    5. Subpoenaing Phone Records
    6. Using Subpoenas to Gather Other Records
    7. Managing Nonproduction and Cost Issues

Who Should Attend

This basic-to-intermediate level online seminar is designed for attorneys. Paralegals will also benefit.

Speakers

Donald A Wochna
Donald A.
Wochna
E-Data Law Group LLC
Todd B Kotler
Todd B.
Kotler
Wayne County Public Defender Program
Marlon A Primes
Marlon A.
Primes
Brennan, Manna & Diamond, LLC
Raymond R Grasing
Raymond R.
Grasing
The Law Firm of Grasing & Associates
Speaker bio
Donald A Wochna

Donald A. Wochna

E-Data Law Group LLC
Donald Wochna

formed the E-Data Law Group LLC almost 19 years ago, which is a consortium of experts that design, build and defend advanced technological solutions to legal challenges in litigation, healthcare, audit, privacy and security issues. The vision of the E-Data Law Group is to use electronic data to make the practice of law proactive. Mr. Wochna obtained one of the first civilian licenses for computer forensic software, and began a business identifying, preserving, extracting, analyzing and producing electronically stored information, including content, metadata and artifacts. He earned his B.S. degree from Cal State Long Beach and his J.D. degree from The Law School, University of Chicago. Mr. Wochna has written hundreds of articles related to ediscovery, Big Data, analytics, and the challenges to the legal profession raised by electronic information systems. His books include, E-discovery: Making the Computer Your Best Witness, published by Ohio State Bar Association. Mr. Wochna is a frequent and lively speaker regarding electronic data issues. He has testified before the Advisory Committee on Amendments to the Rules of Civil Procedure, and has been influential in shaping the process by which large sparse datasets are defensibly searched to produce relevant information without reliance upon agreed-upon search terms.

Speaker bio
Todd B Kotler

Todd B. Kotler

Wayne County Public Defender Program
Todd Kotler

is an assistant public defender in Wayne County, Ohio, following a 25 year career in general practice with focuses in family law, civil and criminal litigation and education law. Mr. Kotler was one of the few attorneys in Northeast Ohio practicing education law as a parent's advocate, representing clients (often special needs children) and their families through consultations and representing them at Individualized Education Plan team meetings, mediations, expulsion hearings, Manifestation Determination Reviews, Department of Education Due Process hearings, and federal court.  Mr. Kotler is admitted to practice law in all courts of Ohio and the U.S. District Court. His membership activities include the Stark County Bar Association, Akron Bar Association and Ohio State Bar Association (where he has held chair and vice-chair positions on several committees), and the Council of Parent Advocates and Attorneys. Mr. Kotler has presented to several groups on education law, and has taught continuing legal education to fellow attorneys in this area. Additionally, he has received mediation training through the Ohio Supreme Court, Dispute Resolution Section. Mr. Kotler earned his B.A. degree from Bradley University and his J.D. degree from The University of Akron.

Speaker bio
Marlon A Primes

Marlon A. Primes

Brennan, Manna & Diamond, LLC
Marlon Primes

is a partner in the Cleveland office of Brennan, Manna & Diamond, LLC. He is a distinguished former assistant U.S. attorney for the Northern District of Ohio, with over 30 years of experience. Mr. Primes has transitioned to serve as co-chair of BMD's business and tort litigation practice, and represents companies across the U.S. in high-stakes litigation. He has handled a wide variety of complex civil litigation in state, federal and appellate courts, including jury trials and appellate actions. Mr. Primes earned his B.S. degree from Ohio University and his J.D. degree from Georgetown University Law Center.

Speaker bio
Raymond R Grasing

Raymond R. Grasing

The Law Firm of Grasing & Associates
Raymond Grasing

is an attorney with The Law Firm of Grasing & Associates. He has more than 25 years of trial experience in New York. Mr. Grasing knows how to try a case in a straight forward convincing manner, and how to pare down the facts and issues to their essential parts to help a jury reach the correct decision. His understanding of the law, gained through his trial experience, provides his clients with a distinct competitive advantage, whether or not their case gets to trial. Mr. Grasing practices in the areas of commercial litigation, personal injury, construction disputes, insurance coverage disputes, insurance coverage, collections, subrogation, arson, and fraud cases. He earned his B.A. degree from the State University of New York at Stony Brook and his J.D. degree from Brooklyn Law School.

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