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How-to's and Case Law: From Preservation to Collection to Admission

Do you know how to get information off of smartphones? Do you know how to properly authenticate text messages, app data and other evidence? This focused program comes replete with everything you must know about smartphone evidence in personal injury cases. From collection to admission, gain the insights you need to obtain critical evidence and deliver it to the decision makers unscathed. Sharpen your skills - register today!

  • See how to discern if electronic evidence has been altered.
  • Find out when and how to subpoena records from phone carriers.
  • Leave no stone unturned - know where to find case-supporting evidence on smartphones.
  • Explore real-world, do-it-yourself methods for getting information off of smartphones.
  • Learn how to authenticate text messages, social media posts, emails and other electronic evidence.
  • Uncover effective ways to overcome hearsay objections to your smartphone evidence.

All times are shown in Eastern time

  1. Preserving Smartphone Evidence and Dealing with Spoliation
    10:00 - 10:30, David J. Lenci
    1. Applying the Duty to Preserve to Smartphone Evidence
    2. Preventing Loss of Texts/Smartphone Data
    3. Auto-Delete Settings and Other Dangers
    4. How to Avoid Altering Smartphone Evidence
    5. How to Detect Alteration of Phone Evidence
    6. When Deletion/Spoliation Occurs
    7. How to Obtain Deleted Messages
    8. Sample Litigation Hold Request
    9. Case Law Review
  2. Requesting Smartphone Evidence From Opposing Parties and Phone Carriers
    10:30 - 11:30, Steven B. Vinick
    1. Requesting Opposing Parties' Smartphone Data
    2. Form of Production: Do's and Don'ts
    3. Privacy and Confidentiality Concerns
    4. Legal Protections for Information Stored on Smartphones
    5. Subpoenaing and Deposing Third Party Witnesses
    6. When and How to Obtain Records From the Phone Carrier
    7. Subpoenaing Records from T-Mobile, Verizon, AT&T, Sprint, etc.
    8. Obtaining Records From Social Media Companies
    9. Discovery Request and Subpoena Mistakes to Avoid
    10. Sample Subpoenas
    11. Case Law Review
  3. What to Look for, Where to Find it
    11:45 - 12:45, David J. Lenci
    1. Accident Pictures and Weather Conditions
    2. Obtaining Location Information
    3. Text Messages and Call Records: What to Look for
    4. Finding Evidence of Distracted Driving
    5. Text Message Sender Liability Developments
    6. Smartphone Apps
    7. Black Boxes and Smartphone Applications
    8. Searching Social Media for References to the Accident
    9. Scouring Audio and Video on the Smartphone
    10. Digging Through the Email
    11. Finding Gems in the Metadata
    12. Smartphone Information That Often Goes Overlooked
  4. How to Get Information Off of Smartphones
    1:15 - 1:45, David J. Lenci
    1. How to Get Info Off of Smartphones: Step-by-Step
    2. Using Backup Tools/Third Party Programs to Retrieve Info
    3. Screen Shots and Other Methods
    4. Using a Digital Forensic Specialist to Extract Data
    5. Case Law Review
  5. Handling Hearsay Issues with Smartphone Evidence
    1:45 - 2:15, Steven B. Vinick
  6. How to Authenticate, Get Your Smartphone Evidence Admitted and Keep Theirs Out
    2:15 - 3:45, Steven B. Vinick
    1. Authenticating Text Messages
    2. Call Records
    3. App Data
    4. GPS/Location Information
    5. Smartphone Accelerometers and Other Telematics Info
    6. Data on Smartphone Usage
    7. Facebook/Social Media Posts From Smartphones
    8. Web Data
    9. Email
    10. Photos and Video From a Smartphone
    11. Recorded Witness Statements
    12. Using Computer Forensics Expert Witnesses
    13. Case Law Review
    14. Presenting Smartphone Evidence: Practical Tips
  7. Legal Ethics
    4:00 - 5:00, Chad J. Hintz
    1. Technology Competence
    2. Spoliation: Ethical Considerations
    3. Handling Prejudicial Material on Phones
    4. Preserving Confidentiality
    5. Social Media: Ethical Implications

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