From Preservation and Discovery to Authentication and Admission
Many cases have been won or lost on a social media post, text, or email. As courts and litigators continue to grapple with these case-winning (and crippling) new forms of evidence, staying up to speed on the latest rules, procedures and case law is a must. This comprehensive course is packed with practical advice and real-world examples for obtaining ESI and getting it admitted into evidence - while keeping opposing counsel's out. Don't miss this chance for concrete instruction, examples and tips you can start using right away - register today!
- Gain best practices for preserving electronic evidence to avoid accidental alteration.
- Receive do-it-yourself tips for locating and collecting evidence from the internet, smartphones and more.
- Receive pointers on authenticating texts, social media posts and more.
- Find out how to respond to hearsay objections to electronic communications.
- Learn how legal ethics rules interplay with technology.
- Preserving Electronic Evidence and Dealing With Spoliation
9:00 - 10:00, Clayton H. Preece
- Defensible Litigation Holds (w/Sample Letter)
- How to Save/Store/Archive and Re-Display
- Detecting Alteration
- Spoliation Pitfalls and What to Do
- What to Look for, Where to Find it, What to Do With it: Social Media, Texts, Email and Video
10:15 - 11:15, Clayton H. Preece
- PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
- Social Media Searches
- Internet Resources and Investigations
- Email Discovery
- Texts, Call Logs, Apps, Geolocation Data, etc.
- Obtaining Deleted Data
- Establishing Authenticity and Satisfying the Best Evidence Rule
11:15 - 12:15, John A. Snow
- Proactively Ensuring Authenticity
- Proving That Electronic Documents Have Not Been Modified
- Identifying Who Made the Post and Linking to the Purported Author
- Is the Evidence What the Proponent Claims?
- Does the ESI Have Distinctive Characteristics?
- Using Circumstantial Evidence to Authenticate
- Proven Methods for Testing ESI (Comparison, Hash Tags, etc.)
- Self-Authentication Methods
- Applying Hearsay Exceptions and Overcoming Relevancy Issues
1:15 - 2:15, John A. Snow
- Is Computer-Generated and Cell Phone Information Hearsay?
- Adhering to the Hearsay Rule
- Applying Hearsay Exceptions to Email, Texts and Social Media
- Relevancy Hurdles
- Using Social Media/Electronic Evidence at Trial
2:30 - 3:30, John A. Snow
- Legal Ethics: Social Media and Beyond
3:30 - 4:30, Grant W.P. Morrison
- Satisfying the Duty of Technological Competence
- Remaining Ethical When Counseling Clients
- Social Media Landmines
- Ethical Considerations in Disclosing/Obtaining ESI
- Inadvertent Disclosures