Facebook, Twitter, Instagram, Email and Smartphone Evidence: From Preservation and Discovery to Authentication and Admission (On-Demand)

$179.00

Many cases have been won or lost on a social media post, text, or email. As courts and litigators continue to grapple with these case-winning (and crippling) new forms of evidence, staying up to speed on the latest rules, procedures and case law is a must. This comprehensive guide is packed with practical advice and real-world examples on obtaining ESI and getting it admitted into evidence – while keeping opposing counsel’s out.

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Event Details

Course Type

Course Instructor

Michael J. Needleman, Esq.

Original Date Of Course

General Credits

2

Course Description

Many cases have been won or lost on a social media post, text, or email. As courts and litigators continue to grapple with these case-winning (and crippling) new forms of evidence, staying up to speed on the latest rules, procedures and case law is a must. This comprehensive guide is packed with practical advice and real-world examples on obtaining ESI and getting it admitted into evidence – while keeping opposing counsel’s out.

Principles

  • Preservation, Discovery, Subpoenas and Metadata
  • Get Yours Admitted and Keep Theirs Out of Evidence

Syllabus

I. Preservation, Discovery, Subpoenas and Metadata

  1. Court Rules, Case Law and Recent Developments
  2. Preserving Electronic Evidence and Dealing With Spoliation
      • Defensible Litigation Holds (w/Sample Letter)
      • How to Save/Store/Archive and Re-Display
      • Detecting Alteration
      • Spoliation Pitfalls and What to Do
  3. What to Look for, Where to Find it, What to Do With it: Social Media, Texts, Email and Video
      • PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
      • Social Media Searches
      • Internet Resources and Investigations
      • Email Discovery
      • Texts, Call Logs, Apps, Geolocation Data, etc.
      • Obtaining Deleted Data
      • Apps and Emerging Technology You Must Know
  4. Social Media: What is Discoverable and Advising Clients
  5. Discovery Requests (w/Samples) and Using Electronic Evidence Pre-Trial
      • Interrogatories
      • Requests for Production
      • Using Requests for Admissions
      • Using ESI Pre-Trial (Depositions, Motions, etc.)When to Play it Close to the Vest and When to Use it
  6. Subpoenaing Records From Facebook, Twitter, Phone Carriers, etc.
      • How to Subpoena Records From Social Media Companies
      • Getting Text Messages and Call Records From Phone Carriers
      • Subpoenaing Records From Websites, ISPs, etc.
      • Workarounds for SCA Hurdles and Other Problems
  7. Metadata Made Simple
      • Metadata Explained
      • How to Find Metadata on Files, Phones, Social Media, etc.
      • Looking Through Documents Without Altering Metadata
      • Preserving and Producing File Metadata
      • “Scrubbing” Metadata
  8. Reviewing and Producing Electronic Evidence
      • Types of Data, Production Specifications and Formats
      • Searching, Reviewing and Producing
      • Leveraging Privileges/Objections
      • Managing Costs

II. Get Yours Admitted and Keep Theirs Out of Evidence

  1. Laying a Foundation: Real-World Scripts/Examples
      • Emails and Attachments
      • Facebook, Twitter, Snapchat, Instagram, YouTube, etc.
      • Webpages/Website Content
      • Text Messages, Chats and Instant Messages
      • Video, Audio and More
      • Using Social Media/Electronic Evidence at Trial
  2. Effectively Using Expert Witnesses
      • What They do, When and How to Use Them
      • Computer/Audio Forensic Analysis and Reports
      • Examination Tactics and Sample Questions
  3. Legal Ethics: Social Media and Beyond
      • Satisfying the Duty of Technological Competence
      • Remaining Ethical When Counseling Clients
      • Social Media Landmines
      • Ethical Considerations in Disclosing/Obtaining ESI
      • Inadvertent Disclosures
  4. Establishing Authenticity and Satisfying the Best Evidence Rule
      • Proactively Ensuring Authenticity
      • Proving That Electronic Documents Have Not Been Modified
      • Identifying Who Made the Post and Linking to the Purported Author
      • Is the Evidence What the Proponent Claims?
      • Does the ESI Have Distinctive Characteristics?
      • Using Circumstantial Evidence to Authenticate
      • Proven Methods for Testing ESI (Comparison, Hash Tags, etc.)
      • Self-Authentication Methods
      • How to Keep Their Evidence Out
  5. Applying Hearsay Exceptions and Overcoming Relevancy Issues
      • Is Computer-Generated and Cell Phone Information Hearsay?
      • Adhering to the Hearsay Rule
      • Applying Hearsay Exceptions to Email, Texts and Social Media
      • Relevancy Hurdles

Instructor

Michael J. Needleman

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