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New Sources of Discovery and Techniques for Their Effective Use in Divorce

Divorce litigation is changing at the speed of light, and smartphone and online discovery is at the forefront of the practice. This legal briefing will give you the knowledge you'll need to effectively use photo- and video-sharing apps, social media, texts, and other smartphone data as evidence. Stay on the cutting edge of your practice with this practical discovery guide - register today!

  • Keep your Facebook discovery beyond reproach to ensure admissibility.
  • Learn how to obtain smartphone and tablet data and use it as evidence.
  • Get tips for tackling data spoliation issues in smartphone and social media discovery.

Session Time: 4:00 PM - 5:30 PM Eastern
Presenter: Laura Carlsen

  1. What to Look for and Where to Find it
    1. Types of Data (Emails and Texts, Geolocation Data, Social Media Use, Browser History, Photos and Videos, etc.)
    2. Sources of Data
      1. Home and Work Computers
      2. Tablets, Smart Phones and Cell Phones
      3. Flash Drives and External Hard Drives
      4. Cloud Storage
      5. Vendor's Servers
    3. What Type of Information to Look for
    4. Pros and Cons of Using Outside Investigators
    5. The Latest Case Law
  2. Facebook Discovery How-to's
    1. How Long Does Facebook Keep Personal Digital Data on its Servers?
    2. Subpoenaing Facebook for Relevant Records
    3. The Ethical Risks of Using Friending to Obtain Personal Information
    4. What Can be Done if the Account's Been Closed
    5. Authenticating the Data
    6. Can Print-Outs of Messages be Admitted? In What Form to Submit the Data
    7. The Latest Court Opinions
  3. Smartphone/Tablet Discovery
    1. Can You Take the Opposing Spouse's Smartphone/Tablet for Evidence?
    2. Retrieval Options for Deleted Data
    3. How to Subpoena Mobile Phone Carriers for Records
    4. In What Form Can Texts be Admitted into Evidence?
    5. Lessons from Recent Court Rulings
  4. Instagram, Vine, Snapchat and Other Photo- and Video-Sharing Apps
    1. Evidence Spoliation: Can You Retrieve Deleted Content?
    2. Getting the Data Admitted into Evidence
  5. Disputing Social Media and Smartphone Discovery
    1. Contesting the Veracity of the Online Information
    2. Contesting the Process of Obtaining the Information

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