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Email, Smartphone and Social Media Evidence: A Practical How-To Guide  

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This basic-to-intermediate level seminar will provide attorneys with practical skills for discovering, preserving and authenticating electronic evidence. Paralegals may also benefit.

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Seminar Summary:

This focused, full-day program will provide you with practical how-to's and answers to your foremost questions concerning social media, email, smartphone and other electronic evidence. (see full course description)

 

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Training Course Syllabus:


Email, Smartphone and Social Media Evidence: A Practical How-To Guide

Learn Practical How-To's to Get Your Electronic Evidence Admitted (and Keep Theirs Out)

Do you know how to find, collect, preserve and authenticate email, social media and smartphone evidence? Chances are, the other side does and will use it to their advantage . . . unless you know how to stop them. This focused, full-day program will provide you with practical how-to's and answers to your foremost questions concerning social media, email, smartphone and other electronic evidence. Gain concrete instruction you can use right away - register today!

  • Get up to speed with local court rules on electronic evidence.
  • Gain practical, step-by-step guidance on collecting and preserving email, social media, text messages and more.
  • Anticipate snares: know the boundaries of ESI discovery, spoliation dangers and admissibility oversights.
  • Overcome key obstacles to requesting and subpoenaing the data you need.
  • Find out how to effectively lay a foundation and authenticate social media, email and smartphone data with real-world examples.
  • Uncover tips and techniques for keeping the opposing party's ESI out of evidence.


  1. Federal/State Laws and Local Court Rules Affecting Electronic Evidence
    9:00 - 9:30, Matthew R. Eslick
  2. Social Media Evidence: Real-World How To's
    9:30 - 10:45, Melissa A. Schilling
    1. Overview of Social Media Sites - How They are Used, What You Can Find
    2. How Long do Facebook, Twitter, etc. Store Personal Data?
    3. Spoliation - When is it Okay to Delete?
    4. Practical Discovery Techniques
      1. Locating Names and Aliases
      2. Viewing Private Profiles and Posts
      3. Missing or Deleted Information
      4. Subpoenaing Facebook (with Samples)
    5. How to Preserve What You Find
      1. Format to Enter into Evidence
    6. Laying a Foundation for Admissibility
    7. Blocking Social Media Evidence
  3. Text Messages and Smartphones: Applying Real-Life Strategies
    11:00 - 12:00, Matthew R. Eslick
    1. Scope - What Needs to be Preserved?
    2. Discovery
      1. What to Collect With Texts to Ensure Usability in Court
      2. How to Collect Smartphone Evidence (Contacts, Call Logs, Geolocation, Banking, Photos, Videos and More)
      3. Sample Subpoena to Cell Phone Provider
    3. Laying the Foundation and Authenticating Texts (Real-World Examples)
    4. Overcoming Hearsay Issues
    5. How to Submit Texts as Evidence
    6. How to Block Discovery/Admission
  4. Digital Photos, Videos and Audio Files: Evidence Tips
    1:00 - 2:00, Jay D. Grimes
    1. Where You Can Find Them
    2. Spoliation (Instagram, Vine, Snapchat and Other Photo- and Video-Sharing Apps)
    3. Duty to Preserve - Does it Extend to Non-Parties?
    4. Preservation How-to's
    5. How to Word Discovery Requests and Interrogatories
    6. Laying the Foundation for Admissibility (with Examples)
    7. Proving Evidence Hasn't Been Altered
    8. How to Block Evidence
  5. Email Evidence: Practical Discovery and Authentication Examples
    2:00 - 3:15, R. Scott Johnson
    1. When is Duty to Preserve Triggered?
    2. Collecting Email: Do-it-Yourself Strategies
      1. How to Word Requests for Production (New Proportionality Factors)
      2. Sample Subpoenas
      3. Discoverability of Privileged ESI
    3. How to Preserve Evidence
      1. Metadata: Secrets it Reveals
    4. How to Authenticate and Admit Email Evidence
    5. Blocking Email Retrieval and Admission
  6. Ethics of Evidence
    3:30 - 4:30, R. Scott Johnson
    1. Keeping Up with Technology
    2. Obtaining Evidence - Ethical Issues
    3. Confidentiality and Privilege
    4. Prejudicial or Dubious Evidence
    5. Ethics of Evidence Preparation

Seminar Summary:

This focused, full-day program will provide you with practical how-to's and answers to your foremost questions concerning social media, email, smartphone and other electronic evidence. (see full course description)

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