Litigation & Appeals

4.25

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

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 55 minutes
Todd Kotler
G. Grant Dixon
Gregory Fordham
Peter Garcia
With Todd B. Kotler from Wayne County Public Defender Program + 3 others
Recorded August 30, 2024
Product ID 98120

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Overview

Confidently Obtain Crucial ESI Evidence

Do you have the knowledge you need to obtain valuable social media, email, and mobile phone evidence? This course will walk you through processes, procedures, and the latest case law regarding these key 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 - register today!

  • Examine the latest rules, case law, and procedures regarding the admission of electronic evidence.
  • Identify key social media, email, and text evidence obstacles to ensure relevancy and authenticity.
  • Explore effective ways to obtain critical evidence from tablets, flash drives, and cloud storage.
  • Discuss proven self-authentication methods and real-life examples.
  • Recognize top spoliation pitfalls, sanctions, and defensible legal hold hurdles.

Abbreviated Agenda

  1. Electronically Stored Information (ESI) Updates - Changes You Need to Know
  2. Top 10 ESI Authentication/Admission Mistakes Attorneys Are Making Right Now
  3. What to Look for, Where to Find it, and What to do With it
  4. Smartphone Discovery
  5. Legal Ethics and ESI
  6. Overcoming Hearsay and Relevancy Problems
  7. How to Authenticate ESI: Step-by-Step
  8. Examples of ESI Authentication/Admission Gone Wrong - Everyday Issues

Related Topics

Product ID 98120

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Electronically Stored Information (ESI) Updates - Changes You Need to Know

    1. Rule Updates
    2. State Data Privacy Laws and GDPR
    3. Notable Cases Regarding Data Privacy, E-Discovery, Admissibility
    4. The Internet of Things (IoT)
    5. New Data Sources and User Trends

  2. Top 10 ESI Authentication/Admission Mistakes Attorneys Are Making Right Now

  3. What to Look for, Where to Find it, and What to do With it

    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

  4. Smartphone Discovery

    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

  5. Legal Ethics and ESI

    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

  6. Overcoming Hearsay and Relevancy Problems

    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. How to Authenticate ESI: Step-by-Step

    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

  8. Examples of ESI Authentication/Admission Gone Wrong - Everyday Issues

    1. Preservation, Spoliation, and Authentication Obstacles
    2. Facebook, X (Twitter), LinkedIn, and Tumblr
    3. YouTube and TikTok
    4. Instagram, Pinterest, and Reddit
    5. WhatsApp, Snapchat, and Other Messaging Apps
    6. Chats and Instant Messages
    7. Text Messages and Voicemail
    8. Emails (Work-Related and Personal)
    9. Video Surveillance (Private and Public)
    10. Computerized Versions of Contracts and Other Documents

Who Should Attend

This course is designed for attorneys. Paralegals may also benefit from attending.

Speakers

Todd B Kotler
Todd B.
Kotler
Wayne County Public Defender Program
G. Grant Dixon III
G. Grant
Dixon, III
Dixon Law Office
Gregory L Fordham
Gregory L.
Fordham
Fordham Forensics, Inc.
Peter S Garcia
Peter S.
Garcia
DSK Law Group
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.

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Speaker bio
G. Grant Dixon III

G. Grant Dixon, III

Dixon Law Office
G. Grant Dixon

is the founder of the Dixon Law Office in LaGrange, Illinois. The firm represents plaintiffs in serious personal injury, wrongful death, and workers' compensation cases. In over 30 years of practice, Mr. Dixon 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 an 11-time Super Lawyer and multi-year Leading Lawyer. He has been selected as one of the Top 100 personal injury lawyers nationally. 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. He earned his B.S. degree from Indiana University and his J.D. degree from the John Marshall Law School (now University of Illinois at Chicago) in Chicago, Illinois.

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Speaker bio
Gregory L Fordham

Gregory L. Fordham

Fordham Forensics, Inc.
Gregory Fordham

is the founder of Fordham Forensics, Inc., based in Atlanta, Georgia. He provides forensic accounting and computer forensic and e-discovery consulting services to attorneys in complex litigation cases nationwide. Although his cases have involved a wide range of labor-related issues like claims of harassment, discrimination, and wrongful termination, Mr. Fordham is most often involved in asserting or defending matters involving restrictive covenants and misappropriated trade secrets. He is a certified public accountant in Virginia and a certified internal auditor by the Institute of Internal Auditors. Mr. Fordham has also added several professional certifications reflecting his computer forensic expertise, including certified computer examiner by the Internal Society of Forensic Computer Examiners. He earned his B.B.A. degree from Emory University in Atlanta.

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Speaker bio
Peter S Garcia

Peter S. Garcia

DSK Law Group
Peter Garcia

is a partner with DSK Law Group in the firm's general litigation section and draws upon nearly 15 years of legal experience for the benefit of his clients. Mr. Garcia's practice areas include insurance defense, premises liability defense, criminal defense, and sealing/expunction of records. His work ranges from providing legal advice and representation to individuals, business owners and corporations, and insurance companies on various legal issues. The focus of his pro-bono work has centered around assisting low-income individuals with sealing or expunging criminal records, to help them successfully access or maintain employment, for example. He received his Bachelor of Arts, majoring in International Affairs, from Florida State University and obtained his Juris Doctorate from Florida A & M University College of Law. As a law student, he participated in internships with the Orange/Osceola County Public Defender's Office, the Orange/Osceola County State Attorney's Office, and clerked for the Honorable Steve Jewett in Orange County, Florida. Mr. Garcia is admitted to all Florida state courts.

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