A Practical How-to Guide for Turning ESI into Evidence and Getting it Admitted
With all of the changes surrounding social media and email, it's critical to get up to speed on the latest rules, procedures and case law. This full-day, cutting-edge course will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts along the way. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, this comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI. Register today!
- Recognize key social media, email and text evidence and traverse obstacles to ensure relevancy, authenticity and that the best evidence rule is satisfied.
- Examine the latest rules, case law and procedures regarding the admission of email evidence.
- Identify common spoliation pitfalls, sanctions and defensible legal hold hurdles.
- Find out critical mistakes attorneys make when collecting Facebook and LinkedIn evidence.
- Gain an in-depth understanding of metadata, how to scrub it, remove it from documents and produce responsive, non-privileged ESI with appropriate metadata and OCR.
- Skillfully obtain ESI from smartphones, third parties, flash drives and external hard drives.
- Learn how to effectively work with social media companies to obtain deleted information.
- Apply business record and excited utterance hearsay exceptions to email, text messages and more.
- Learn proven methods for testing ESI, including comparison, hash tags, encryption and metadata.
- Top Admission Mistakes Made with ESI
9:00 - 9:45, Thomas James Barnes
- Preparation, Coordination and Submission
- Weighing the Duty to Mitigate with the Duty to Hold Evidence for Trial
- Duty to Produce and Preserve
- Spoliation Pitfalls
- Sanctions and Proportionality
- Protective Orders, Production and Privilege Logs
- Defensible Legal Holds
- Citing Online Content Properly
- Privileged ESI That is Discoverable (Exceptions)
- Clawback Agreements
- Making Email Evidence Usable in the Courtroom
- What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
9:45 - 10:30, Keith Morris
- Types of Data, Production Specifications and Formats - in Detail
- Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
- Using Apps on Your Client's Smartphone to Collect Evidence
- Predictive Coding Do's and Don'ts
- Metadata Explained
- Defining Different Types and Formats
- Metadata Landmines to Avoid
- "Scrubbing" Metadata to Remove it from Documents
- Producing Responsive, Non-Privileged ESI With Appropriate Metadata and OCR
- Working with and Subpoenaing Social Media Companies
- Facebook's Archive Feature
- Using Friending/Following to Obtain Info
- What can be Done if the Account's Been Closed?
- Obtaining Deleted Data
- Processing, Review and Production Pitfalls
- Applying Hearsay Exceptions and Overcoming Relevancy Issues
10:45 - 12:00, David V. Wilson II
- Is Computer-Generated and Cell Phone Information Hearsay?
- Adhering to the Hearsay Rule
- Applying Hearsay Exceptions to Email, Text and Social Media
- Relevancy Hurdles
- How to Avoid Privilege Pitfalls
- Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
1:00 - 1:45, Thomas James Barnes
- Proactively Ensuring Authenticity of ESI
- Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
- How to Prove Electronic Documents Have Not Been Modified
- Have the Systems Been Altered? How to Prove Reliability
- Identifying Who Made the Post and Linking to the Purported Author
- Is the Evidence What the Proponent Claims?
- Does the ESI have Distinctive Characteristics?
- Examination of Circumstantial Evidence
- State Interpretation of Federal Rule 901
- Prima Facie Demonstration
- Proven Methods for Testing ESI (Comparison, Control, Hash Tags, Encryption and Metadata)
- Self-Authentication Methods
- Real-Life Examples and Recent Case Law
- Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
1:45 - 2:30, Susan Meek
- Real-World Examples, Handy How-to's and Sample Screen Shots
2:45 - 3:30, Susan Meek
- Preservation, Spoliation and Authentication Obstacles
- Facebook, Twitter, LinkedIn and Tumblr
- Emails (Work-Related and Personal)
- Video Surveillance (Private and Public)
- Computerized Versions of Contracts and Other Documents
- Text Messages and Voicemail
- Chats and Instant Messages
- YouTube and Vine
- Instagram, Pinterest and Snapchat
- Legal Ethics and ESI
3:30 - 4:30, David V. Wilson II
- Duties Owed to Clients, Opposing Counsel and the Courts
- ESI Issues to Address in the Courtroom
- Privilege Waivers
- Searching Social Networking Sites
- Personal Privacy Concerns Arising from Modern Database Searches
- Ethical Duties When Mining Metadata
This intermediate level legal program is designed for attorneys. Paralegals may also benefit.