Training Course Syllabus:

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.

1. Preserving Electronic Evidence and Dealing With Spoliation
   9:00 - 10:00, Clayton H. Preece
   1. Defensible Litigation Holds (w/Sample Letter)
   2. How to Save/Store/Archive and Re-Display
   3. Detecting Alteration
   4. Spoliation Pitfalls and What to Do
2. 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
   1. PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
   2. Social Media Searches
   3. Internet Resources and Investigations
   4. Email Discovery
   5. Texts, Call Logs, Apps, Geolocation Data, etc.
   6. Obtaining Deleted Data
3. Establishing Authenticity and Satisfying the Best Evidence Rule
   11:15 - 12:15, John A. Snow
   1. Proactively Ensuring Authenticity
   2. Proving That Electronic Documents Have Not Been Modified
   3. Identifying Who Made the Post and Linking to the Purported Author
   4. Is the Evidence What the Proponent Claims?
   5. Does the ESI Have Distinctive Characteristics?
   6. Using Circumstantial Evidence to Authenticate
   7. Proven Methods for Testing ESI (Comparison, Hash Tags, etc.)
   8. Self-Authentication Methods
4. Applying Hearsay Exceptions and Overcoming Relevancy Issues
   1:15 - 2:15, John A. Snow
   1. Is Computer-Generated and Cell Phone Information Hearsay?
   2. Adhering to the Hearsay Rule
   3. Applying Hearsay Exceptions to Email, Texts and Social Media
   4. Relevancy Hurdles
5. Using Social Media/Electronic Evidence at Trial
   2:30 - 3:30, John A. Snow
6. Legal Ethics: Social Media and Beyond
   3:30 - 4:30, Grant W.P. Morrison
   1. Satisfying the Duty of Technological Competence
   2. Remaining Ethical When Counseling Clients
   3. Social Media Landmines
   4. Ethical Considerations in Disclosing/Obtaining ESI
   5. Inadvertent Disclosures

Seminar Summary:

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. (see full course description)

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