Confidently Obtain Crucial ESI Evidence
Do you have the knowledge you need to obtain valuable social media, email, and mobile phone evidence? This course will walk you through processes, procedures and the latest case law regarding these groundbreaking new forms of evidence and will provide practical tech advice that you can understand and start using right away. This comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI - register today!
- Examine the latest rules, case law and procedures regarding the admission of email evidence.
- Identify key social media, email and text evidence obstacles to ensure relevancy and authenticity.
- Explore effective ways to obtain critical evidence from tablets, flash drives and cloud storage.
- Discuss proven self-authentication methods and real-life examples.
- Recognize top spoliation pitfalls, sanctions and defensible legal hold hurdles.
This is a rebroadcast of the original webcast delivered by G. Grant Dixon III, D. Scott Dunham, Michael M. Essmyer Sr. and Robert J. Kasieta on February 12, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- Electronically Stored Information (ESI) Law Update - Changes You Need to Know
10:00 - 10:30, Robert J. Kasieta
- Current Trends
- Recent Changes, New Developments
- Changes to the Federal Rules and its Impact on ESI
- State Trends
- Top 10 ESI Authentication/Admission Mistakes Attorneys are Making Right Now
10:30 - 10:45, D. Scott Dunham
- What to Look for, Where to Find it and What to do with it
11:00 - 11:45, Robert J. Kasieta
- Types of Data, Production Specifications and Formats - in Detail
- Obtaining Evidence: New Methods
- PCs and Tablets
- Flash Drives
- External Hard Drives
- Cloud Storage
- Predictive Coding
- Defining Different Types and Formats of Metadata
- 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
- Smartphone Discovery
11:45 - 12:15, G. Grant Dixon III
- Can You Take the Opposing Spouse's Smartphone/Tablet for Evidence?
- Retrieval Options for Deleted Data
- How to Subpoena Mobile Phone Carriers for Records
- In What Form Can Texts be Admitted Into Evidence?
- Lessons From Recent Court Rulings
- Using Apps on Your Client's Smartphone to Collect Evidence
- Overcoming New Hearsay and Relevancy Problems
12:15 - 1:00, G. Grant Dixon III
- 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
- How to Authenticate ESI: Step-by-Step
1:30 - 2:15, Michael M. Essmyer Sr.
- Proactively Ensuring Authenticity of ESI
- Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
- How to Prove Electric 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
- How to Get Your Evidence in (and Keep Theirs Out)
2:15 - 2:45, Michael M. Essmyer Sr.
- Case Law Review
2:45 - 3:00, D. Scott Dunham
- Examples of ESI Authentication/Admission Gone Wrong - Everyday Issues
3:15 - 4:00, Robert J. Kasieta
- 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
4:00 - 5:00, Robert J. Kasieta
- 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 course is designed for attorneys. Paralegals may also benefit from attending.