CA Specific

Litigation & Appeals

Obtaining Evidence From Electronic Devices in California

Credits Available
Credit Status Total
California CLE Approved 6 Total
OnDemand
5 hours 45 minutes
Edward Lear
Alexandra Jernigan
Christopher Costello
Thomas Sands
Andrew Nissen
Mark Griffin
With Edward O. Lear from Century Law Group, LLP + 5 others
Recorded December 12, 2024.
Product ID 99329

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Course Includes
$389

OnDemand Video

Video Download

Course Book Download

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.
  • 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. Collecting Social Media Account Content
  2. Obtaining Computer, Email, and Internet Evidence
  3. Metadata: Using, Scrubbing, Producing
  4. Subpoenaing Social Media, Phone Records, and More (w/Samples)
  5. Legal Ethics of Social Media and ESI
  6. Retrieving Evidence From Smartphones
Product ID 99329

Credit Details

Credits Available
Credit Status Total
California CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. 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
  2. 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
  3. 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
  4. 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
  5. 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. 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

Who Should Attend

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

Speakers

Edward O Lear
Edward O.
Lear
Century Law Group, LLP
Alexandra R Jernigan
Alexandra R.
Jernigan
Foley & Lardner LLP
Christopher Costello
Christopher
Costello
King & Spalding
Thomas D Sands
Thomas D.
Sands
The Sands Law Group, APLC
Andrew J Nissen
Andrew J.
Nissen
Bear Republic Law, A.P.C.
Mark G Griffin
Mark G.
Griffin
Hanson Bridgett LLP
Speaker bio
Edward O Lear

Edward O. Lear

Century Law Group, LLP
Edward Lear

is a partner with Century Law Group, LLP. He provides lawyers with legal ethics and risk management compliance advice; and defends attorneys against professional malpractice and related claims, state bar disciplinary proceedings, and legal fee disputes. Mr. Lear consults with law firms regarding attorney advertising, conflicts of interest waivers and consents, motions to disqualify, fee divisions, class action ethics, law firm structuring, partnership disputes, and the acquisition and departure of attorneys. He also represents selected clients in commercial litigation. Mr. Lear is a recognized speaker at legal seminars on professional responsibility and conduct, has published numerous articles, and has been qualified as an expert witness in state and federal courts. He serves on the faculty of ABOTA's Jack Daniels Trial School (2015- present). Mr. Lear provides expert witness testimony in the field of attorney conduct to both plaintiffs and defendants in civil litigation matters. He earned his A.B. degree from Dartmouth College and his J.D. degree from U.C.L.A. School of Law. Mr. Lear is a member of the State Bar of California, American Board of Trial Advocates (ABOTA), Los Angeles County Bar Association, and a founding member and former president of the Association of Discipline Defense Counsel (ADDC).

Speaker bio
Alexandra R Jernigan

Alexandra R. Jernigan

Foley & Lardner LLP
Alexandra Jernigan

is a litigation associate with Foley & Lardner LLP. She focuses her practice on representing businesses, from Fortune 100 companies to small start-ups, in a range of complex litigation matters, including contract disputes, fraud, business torts, real estate, eminent domain and inverse condemnation, consumer claims, and alleged California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) violations. Ms. Jernigan is an experienced litigator and manages cases at virtually every stage of litigation, from discovery to trial. In many cases, she has crafted comprehensive electronic discovery protocols that helped uncover key evidence. She is also a published author on data privacy issues ("California: SB 41 - The Genetic Information Privacy Act,” OneTrust DataGuidance (November 2021)) and was recognized as a “Rising Star” by Southern California Super Lawyers in 2024. Ms. Jernigan received her JD from LMU Loyola Law School in Los Angeles, California.

Speaker bio
Christopher Costello

Christopher Costello

King & Spalding
Christopher Costello

is a partner in the Los Angeles office of Kirkland & Ellis LLP. He advises clients on e-discovery and information governance matters across the EDRM, including litigation readiness, document retention and information management, cross-border discovery issues, privacy, legal holds, etc. Mr. Costello handles all aspects of complex commercial litigation for a wide variety of disputes from inception through trial and resolution, including representations of large financial institutions in CMBS and RMBS matters.

Speaker bio
Thomas D Sands

Thomas D. Sands

The Sands Law Group, APLC
Thomas Sands

is a prominent and respected transactional and litigation attorney licensed in the State of California and Hawaii. He is the founder and CEO of The Sands Law Group, and has dedicated his entire legal career to high-quality but cost-conscious representation to individual consumers and businesses in a variety of complex and challenging cases. Mr. Sands is committed to serving his clients with attentive, timely, and effective representation. Throughout his career, he has been a fierce advocate of those in need of legal representation. Mr. Sands' commitment has helped create a positive reputation in the legal and local community. This positive feedback coupled with years of experience has positioned him to understand why consumers and businesses need a strong advocate to represent them while at the same time being cost-conscious. Prioritizing client needs first and litigating aggressively have helped to secure clients with the best possible outcome. Mr. Sands believes like all other industries; the highest quality of service leads to the highest quality result. Throughout his career, he has successfully handled hundreds of cases in civil litigation, family law, contested bankruptcy cases, real property disputes, and a variety of other complex legal issues, and remains focused on achieving the best possible outcomes for the firm's clients, which is highlighted by his previous cases.

Speaker bio
Andrew J Nissen

Andrew J. Nissen

Bear Republic Law, A.P.C.
Andrew Nissen

is a partner in the trial law specialty firm Bear Republic Law, A.P.C. located in Orange County, California. The civil litigation firm has particular expertise in catastrophic personal injury, wrongful death, insurance bad faith, business disputes, insurance claims, medical malpractice, and transactional matters. Mr. Nissen studied and began his career in Silicon Valley and Boston, Massachusetts. He is a contributing editor of the widely used California Practice Guide, California Causes of Action, co-authored by Stanton Mathews, and published by James Publishing. Mr. Nissen earned his B.A. degree from Santa Clara University and his J.D. degree from New England Law in Boston. He is a member of trial organizations such as the American Association for Justice, Consumer Attorneys of California, Orange County Trial Lawyers, and the Orange County Bar Association.

Speaker bio
Mark G Griffin

Mark G. Griffin

Hanson Bridgett LLP
Mark Griffin

is an attorney with Hanson Bridgett's San Francisco office. He practices in the Corporate & Risk Management Section specializing in commercial litigation, representing clients in contracts, trade secrets, products liability, torts, third-party subpoenas, and other business-related disputes. In addition to his litigation practice, Mark has experience in pre-litigation internal investigations for public entities and businesses. As an attorney, and previously as a Senior Consultant at an international consulting firm, Mark has led eDiscovery teams, providing leadership and guidance throughout all stages of the eDiscovery Reference Model. He is Vice Chair of the California Lawyers Association's Law Practice Management and Technology Section. Mark earned his J.D. from the University of San Francisco School of Law and is admitted to practice in California and District of Columbia.

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