From Preservation and Collection to Authentication and Admission
You can't be an effective litigator today without knowing the in's and out's of electronic evidence. Are you well-versed in the rules and mechanics of e-discovery, evidence authentication and admission? This program will cover all the essentials of social media, emails, texts and other forms of electronic evidence. Gain comprehensive, clear guidance on the issues you need to know - order today!
- Determine how the Stored Communications Act applies to electronic discovery.
- Understand ways to preserve electronic evidence and assess when it's okay to delete.
- Discover different approaches to obtaining evidence, whether by self-collection or from opposing and third parties.
- Find out what metadata is, what it can reveal and what you should do about it.
- Evaluate the authenticity and admissibility of social media, emails, text messages and other electronic evidence.
- Learn various methods for blocking the admission of electronic evidence.
This is a rebroadcast of the original webcast delivered by Kevin J. Babb, Jan I. Berlage and Rory Zamansky on June 6, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- Rules and Laws Affecting Electronic Evidence
10:00 - 11:00, Kevin J. Babb
- Rules of Civil Procedure
- Rules of Evidence
- The Stored Communications Act
- Other Key Laws to Know
- Avoiding Privacy Violations
- Social Media: Discovery and Authentication Essentials
11:15 - 12:45, Rory Zamansky
- Overview of Social Media Sites
- How Long Facebook, Twitter, LinkedIn, etc. Store Personal Data
- Preservation of Social Media Evidence
- Spoliation - When is it Okay to Delete?
- Ways to Restore Deleted Posts
- Evidence Collection From Social Media Sites
- Stored Communications Act Defenses
- Metadata Made Simple
- Authenticity and Admissibility of Social Media Evidence
- Ways to Block Admission
- Emails: Discovery and Evidence Made Simple
1:15 - 2:00, Jan I. Berlage
- When is the Duty to Preserve Triggered?
- Preservation Orders
- Spoliation - Email Retention Policies
- Email Metadata - What You Can Learn
- Email Evidence Collection
- Requests for Production (Proportionality Factors)
- Discoverability of Privileged ESI
- Ways to Recover "Lost" Emails
- Authentication and Admission Issues
- Ways to Block Email Discovery and Admission
- Text Messages and Smartphone Evidence
2:00 - 3:00, Rory Zamansky
- When is the Duty to Preserve Triggered? What Needs to be Preserved?
- Evidence Collection
- Data to Collect with Texts to Ensure Admissibility in Court
- Subpoenas to Mobile Phone Carriers
- Retrieval Options for Deleted Data
- Text Message Evidence Authentication/Foundation Issues
- The Best Evidence Rule
- Hearsay Issues
- Ways to Block Discovery/Admission
- Digital Photos, Videos and Audio Files
3:15 - 4:00, Jan I. Berlage
- Duty to Preserve
- Spoliation - Instagram, Vine, Snapchat and Other Photo- and Video-Sharing Apps
- Ways to Obtain Evidence
- Public Records Requests
- Discovery Requests
- Collection of Photos
- Collection of Video and Audio Files - File Format, Metadata, etc.
- Foundation/Authentication of Photos, Videos and Audio Files
- Methods to Prove Photos, Videos and Audio Files Haven't Been Altered
- Ways to Block Retrieval and Admission
- Ethics of Discovery and Evidence
4:00 - 5:00, Kevin J. Babb
- Ethical Issues in Obtaining Evidence
- Ethics of Witness and Evidence Preparation
- Confidentiality and Privilege
- Prejudicial Evidence
- False or Dubious Evidence
This program is designed for attorneys. Paralegals may also benefit.