FL Specific

Litigation & Appeals

Obtaining Evidence From Electronic Devices in Florida

Credits Available
Credit Status Total
Florida CLE Approved 7 Total
OnDemand
5 hours 52 minutes
Melissa Gunion
Heidi Howard Tandy
Vanessa Singh Johannes
Andrew Garrett
Francisco Rodriguez
Ryan Childress
Kyle Dunnell
Kimberly Berman
With Melissa Gunion Esq. from Freedland Harwin Gander Valori, PL + 7 others
Recorded November 26, 2024
Product ID 99200

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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 99200

Credit Details

Credits Available
Credit Status Total
Florida CLE Approved 7 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. Zoom, Teams, and Other Work Messengers
    4. Cookies and Web History
    5. Chat GPT Prompts and Responses
    6. Go-to Website Resources
    7. Collecting Internet Evidence
    8. Obtaining and Using Deleted Internet Evidence
    9. Citing Online Content Properly
    10. Handy How-to's and Screenshots
    11. 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
  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

Melissa Gunion Esq.
Melissa
Gunion, Esq.
Freedland Harwin Gander Valori, PL
Heidi Howard Tandy
Heidi
Howard Tandy
Berger Singerman LLP
Vanessa Singh Johannes
Vanessa
Singh Johannes
Foley & Lardner LLP
Andrew Garrett
Andrew
Garrett
Garrett Discovery Inc
Francisco Rodriguez
Francisco
Rodriguez
Carlton Fields
Ryan C Childress
Ryan C.
Childress
Gunster
Kyle D Dunnell
Kyle D.
Dunnell
Bonezzi Switzer Polito & Perry
Kimberly K Berman
Kimberly K.
Berman
Marshall Dennehey, P.C.
Speaker bio
Melissa Gunion Esq.

Melissa Gunion, Esq.

Freedland Harwin Gander Valori, PL
Melissa Gunion

is a trial attorney with Freedland Harwin Gander Valori, PL. She represents individuals harmed by the negligence of others, including personal injury, product liability, nursing home negligence, and medical malpractice cases. Ms. Gunion's prior experience includes representing plaintiffs and defendants in complex construction cases, breach of contract claims, and other business disputes. She graduated cum laude from the University of Florida with a Bachelor of Science in telecommunications. Ms. Gunion then earned her Juris Doctor from Nova Southeastern University, Shepard Broad Law Center. She is admitted to practice law in Florida, including the U.S. District Court for the Southern District of Florida, the Bankruptcy Court for the Southern District of Florida, and the United States Supreme Court. Ms. Gunion is a member of the American Bar Association and serves on the Professionalism, Lawyer Referral, and Technology committees for the Broward County Bar Association.

Speaker bio
Heidi Howard Tandy

Heidi Howard Tandy

Berger Singerman LLP
Heidi Howard Tandy

is a partner in Berger Singerman LLP's Miami office. Board-certified by The Florida Bar in intellectual property law, and a member of the Bar of the Supreme Court of the United States, she has more than 25 years of experience. Ms. Howard Tandy has handled corporate, licensing and litigation matters involving the internet, social media, privacy, intellectual property and tech law issues, for large and small corporate clients and individuals, from retail stores to groundbreaking online content creators, as well as hotels, restaurants, jewelry designers, educators, podcasters, website and app developers, novelists, theatrical producers and an Emmy-award winning makeup artist. She has worked with content creators, technology builders, individual business owners, and large corporations to successfully protect websites, apps, copyrights and trademarks. Since the 1990s, Ms. Howard Tandy's work has included the creation of terms of service and privacy policies and best practices, as well as creating website accessibility policies and general internet policies and procedures for companies such as The Bump, the Organization for Transformative Works and Delivery Dudes. She has filed hundreds of trademark applications, litigated before the Trademark Trial and Appeal Board, World Intellectual Property Organization, and in federal and Florida courts, created and negotiated license agreements and assignments, and protected the rights of clients around the world.

Speaker bio
Vanessa Singh Johannes

Vanessa Singh Johannes

Foley & Lardner LLP
Vanessa Singh Johannes

is co-managing shareholder of Carlton Fields's Miami office. Her practice focuses on white collar criminal defense and complex corporate and government investigations. For more than a decade, Ms. Singh Johannes served as an assistant U.S. attorney for the Southern District of Florida, trying dozens of federal jury trials and handling appellate matters before the Eleventh Circuit Court of Appeals. In her distinguished career as a federal prosecutor, she investigated, indicted, and tried cases involving crimes such as fraud and money laundering, espionage, civil rights, arms trafficking, human trafficking, and violent crimes. Ms. Singh Johnnes has deep knowledge and experience with all phases of government investigations, from grand jury inquiries to monthlong jury trials, and has a close working relationship with federal, state, and local law enforcement agencies, such as the FBI and HSI. She served as the Southern District of Florida's Project Safe Childhood coordinator, assisting federal agents and human trafficking prosecutors with training and case preparedness, as well as handling the intake of all child exploitation and human trafficking cases in Miami. Ms. Singh Johannes earned the prestigious Attorney General’s Award for Distinguished Service for her work prosecuting Christopher R. Glenn, a U.S. citizen and department of defense contractor who committed a host of national security, fraud, money laundering, and human trafficking violations. Prior to serving as a federal prosecutor she was a senior associate at Kirkland & Ellis LLP in New York.

Speaker bio
Andrew Garrett

Andrew Garrett

Garrett Discovery Inc
Andrew Garrett

is CEO of Garrett Discovery, a litigation focused computer forensics company. He has a background in the U.S. Navy and was the principal of the largest eDiscovery installation in the world (until 2014). Mr. Garrett has processed over 1000 cases and testified in over 145. He provides complex litigation services globally.

Speaker bio
Francisco Rodriguez

Francisco Rodriguez

Carlton Fields
Francisco Rodriguez

is a seasoned eDiscovery professional, currently serving as a senior eDiscovery project manager at Carlton Fields. He has 15 years of experience in project management, pre-sales, business and project-level support, and the analysis and implementation of emerging and future-state eDiscovery technology. Mr. Rodriguez also has extensive experience with advanced analytics, computer forensics, early data assessment, highly complex projects and multi-matter evidence repositories. He previously worked as a senior discovery services engineer - global operations lead at KrolLDiscovery and lead discovery analyst at Trialgraphix. Mr. Rodriguez earned his B.S. degree in computer and systems engineering with a focus on computer science from Rensselaer Polytechnic Institute.

Speaker bio
Ryan C Childress

Ryan C. Childress

Gunster
Ryan Childress

is an attorney with Gunster's West Palm Beach office. His practice focuses on business and commercial litigation. Mr. Childress spent time at the Alachua County Public Defender's Office, prior to joining Gunster. He earned his J.D. and B.A. degrees at University of Florida and is admitted to practice in Florida. Mr. Childress is also a classically trained pianist ad carillonneur.

Speaker bio
Kyle D Dunnell

Kyle D. Dunnell

Bonezzi Switzer Polito & Perry
Kyle Dunnell

is an attorney with Bonezzi Switzer Polito & Perry. He focuses his practice on medical malpractice and toxic tort litigation defense. Mr. Dunnell earned his J.D. degree at Case Western Reserve University and his B.A. degree from Cleveland State University.

Speaker bio
Kimberly K Berman

Kimberly K. Berman

Marshall Dennehey, P.C.
Kimberly Berman

is a shareholder in Marshall Dennehey's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department. She is board certified in Appellate Practice by the Florida Bar. Kimberly has litigated numerous appeals in Florida state and federal appellate courts. These cases span across a variety of practices including, medical malpractice, construction defect, insurance coverage, bad faith, maritime, aviation, and premises liability. In addition to her extensive appellate practice, she provides litigation support in insurance coverage, construction defect, premises liability, casualty, professional malpractice, and bad faith cases. Kimberly is Vice Chair of the Florida Bar's Appellate Practice Section's CLE Committee and past chair of the Pro Bono and Programs Committees. She is also the Treasurer of the Florida Supreme Court Historical Society. Kimberly has an AV Preeminent rating by Martindale-Hubbell, the highest rating for professional competence. Kimberly earned her J.D. at University of Miami School of Law and is admitted to practice in Florida and in the Third and Eleventh Circuit Courts of Appeal.

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