Agenda / Content Covered

1. Top Admission Mistakes Made with ESI
   9:00 - 10:00, Written by Carl J. Becker and Michelle L. Walker. Presented by Tracy A. Coleman in Merrillville, and Carl J. Becker and Michelle L. Walker in Indianapolis.
   1. Preparation, Coordination and Submission
   2. Weighing the Duty to Mitigate with the Duty to Hold Evidence for Trial
   3. Duty to Produce and Preserve
   4. Spoliation Pitfalls
   5. Sanctions and Proportionality
   6. Protective Orders, Production and Privilege Logs
   7. Defensible Legal Holds
   8. Citing Online Content Properly
   9. Privileged ESI That is Discoverable (Exceptions)
   10. Clawback Agreements
   11. Making Email Evidence Usable in the Courtroom
2. What to Look for, Where to Find it and What to do with it: Email, Social Media, Texts and Video
   10:15 - 11:15, Written by James M. Boyers. Presented by Jennifer E. Davis in Merrillville and James M. Boyers in Indianapolis.
   1. Types of Data, Production Specifications and Formats - in Detail
   2. Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
   3. Using Apps on Your Client's Smartphone to Collect Evidence
   4. Predictive Coding Do's and Don'ts
   5. Metadata Explained
      1. Defining Different Types and Formats
      2. Metadata Landmines to Avoid
      3. "Scrubbing" Metadata to Remove it From Documents
      4. Producing Responsive, Non-Privileged ESI with Appropriate Metadata and OCR
   6. Working with and Subpoenaing Social Media Companies
   7. Facebook's Archive Feature
   8. Using Friending/Following to Obtain Info
   9. What Can be Done if the Account's Been Closed?
   10. Obtaining Deleted Data
   11. Processing, Review and Production Pitfalls
3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
   11:15 - 12:15, Written by Andrea L. Ciobanu. Presented by Russell W. Brown Jr. in Merrillville, and Andrea L. Ciobanu in Indianapolis.
   1. Is Computer-Generated and Cell Phone Information Hearsay?
   2. Adhering to the Hearsay Rule
   3. Applying Hearsay Exceptions to Email, Text and Social Media
   4. Relevancy Hurdles
   5. How to Avoid Privilege Pitfalls
4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
   1:15 - 2:00, Written by Ralph E. Dowling. Presented by George R. Livarchik in Merrillville and Ralph E. Dowling in Indianapolis.
   1. Proactively Ensuring Authenticity of ESI
   2. Has the ESI Changed? What Evidence is Needed to Prove it Hasn't?
   3. How to Prove Electronic Documents Have Not Been Modified
   4. Have the Systems Been Altered? How to Prove Reliability
   5. Identifying Who Made the Post and Linking to the Purported Author
   6. Is the Evidence What the Proponent Claims?
   7. Does the ESI Have Distinctive Characteristics?
   8. Examination of Circumstantial Evidence
   9. State Interpretation of Federal Rule 901
   10. Prima Facie Demonstration
   11. Proven Methods for Testing ESI (Comparison, Control, Hash Tags, Encryption and Metadata)
   12. Self-Authentication Methods
   13. Real-Life Examples and Recent Case Law
5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
   2:15 - 2:45, Written by Brett T. Clayton. Presented by Mark J. Schocke in Merrillville and Brett T. Clayton in Indianapolis.
6. Real-World Examples, Handy How-to's and Sample Screen Shots
   2:45 - 3:30, Written by Andrea L. Ciobanu. Presented by Mark J. Schocke in Merrillville, and Andrea L. Ciobanu in Indianapolis.
   1. Preservation, Spoliation and Authentication Obstacles
   2. Facebook, Twitter, LinkedIn and Tumblr
   3. Emails (Work-Related and Personal)
   4. Video Surveillance (Private and Public)
   5. Computerized Versions of Contracts and Other Documents
   6. Text Messages and Voicemail
   7. Chats and Instant Messages
   8. YouTube
   9. Instagram, Pinterest and Snapchat
7. Legal Ethics and ESI
   3:30 - 4:30, Written by Gregory W. Pottorff. Presented by Mark J. Schocke in Merrillville and Gregory W. Pottorff in Indianapolis.
   1. Duties Owed to Clients, Opposing Counsel and the Courts
   2. ESI Issues to Address in the Courtroom
   3. Privilege Waivers
   4. Searching Social Networking Sites
   5. Personal Privacy Concerns Arising From Modern Database Searches
   6. Ethical Duties When Mining Metadata

Accreditation Details:

RUSSELL W. BROWN JR. is an attorney with KBM Trial Lawyers LLC, where his primary focus is on criminal defense and post-conviction relief. He has helped many clients take advantage of the new expungement laws, providing them a clean slate. Mr. Brown also has experience in administrative regulations of the Bureau of Motor Vehicles, assisting clients with obtaining a driver's license, and he has experience in criminal appeals and personal injury. He received his B.S. degree from Indiana University-Bloomington and his J.D. degree, magna cum laude, from Valparaiso University School of Law. Mr. Brown is a member in good standing with the Indiana State Bar Association and the Lake County Bar Association.

TRACY A. COLEMAN is the owner of Coleman Law Group LLC, which is located in Gary, Indiana. Ms. Coleman has more than 21 years of experience and a diverse law practice. Her areas of practice includes but is not limited to personal injury cases, discrimination cases, civil rights cases, estate planning, and family law/ She is admitted to practice in the state of Indiana, the U.S. District Court for the Northern and Southern districts of Indiana, and the U.S. Court of Appeals for the 7th Circuit. Ms. Coleman earned her B.A. degree from Indiana University, and worked on her Juris Doctorate degree at Northwestern School of Law at Lewis and Clark College in Portland, Oregon and University of Nairobi in Nairobi, Kenya before receiving her Juris Doctorate from Valparaiso University School of Law.

JENNIFER E. DAVIS is a partner with the law firm of Garan Lucow Miller, P.C., where she practices in the areas of appellate practice, auto negligence, commercial trucking negligence, construction defect, construction negligence, contract disputes, general liability litigation, insurance bad faith, insurance coverage disputes, personal injury, premises liability, and products liability. Ms. Davis is also a registered civil mediator. She is a former law clerk of the Indiana Court of Appeals, Judge Paul D. Mathias; and of the Allen Superior Court, Judge Paul Mathias, Judge Nancy Boyer, and Judge Stanley Levine. Ms. Davis has also been a professor of paralegal studies at Ivy Tech State College, an adjunct professor at several other universities, and a lecturer at multiple seminars for Indiana continuing legal education. She is admitted to practice in Indiana and before the U.S. District Court, Northern and Southern districts of Indiana. Ms. Davis is also a member of the Indiana State and Lake County bar associations. She earned her B.A. degree from Indiana University at Bloomington and her J.D. degree, with honors, from Valparaiso University School of Law. Ms. Davis is a certified mediator.

GEORGE R. LIVARCHIK has maintained a law practice in Chesterton, Indiana, since 1979 under the firm name of Livarchik & Farahmand. He concentrates his practice in the areas of family law, bankruptcy law and personal injury. Mr. Livarchik has presented oral argument to the 7th Circuit Court of Appeals in Chicago and the Indiana Court of Appeals, while briefing at least 20 cases that resulted in published decisions by federal and state reviewing courts and the United States Bankruptcy Court for the Northern District of Indiana. He is a graduate of Valparaiso University School of Law and Hanover College. Mr. Livarchik has previously been a presenter at National Business Institute seminars on topics of bankruptcy and family law. He is a member of the American, Indiana State and Porter County bar associations.

MARK J. SCHOCKE is an attorney with The Law Office of David Gladish, P.C. He focuses his practice on the defense of complex litigation. Upon graduation from law school, Mr. Schocke began his practice by defending physicians and hospitals in medical malpractice suits. Since then, he has expanded his practice to include a variety of complex products liability, nursing home and trucking accident cases. Additionally, Mr. Schocke provides coverage opinions and defends first-party bad faith claims filed against insurers. He earned his undergraduate degree from Purdue University and his law degree from Indiana University School of Law. Mr. Schocke is admitted to practice in Indiana and Illinois, as well as before the Supreme Court of the United States and the U.S. District Court for the Northern and Southern districts of Indiana, and the U.S. District Court for the Northern District of Illinois.

CARL J. BECKER is a founding partner in the law firm of Newton Becker Bouwkamp Pendoski, PC, where he practices in all of the various areas of domestic relations/family law, including mediation, dissolution, paternity, custody, support, property settlement, protective orders, and guardianships. He also practices in the areas of general commercial advice and business litigation. Mr. Becker's practice takes him to various counties throughout the state, with the majority of his work being in Marion, Hamilton, Hendricks, Hancock and Boone counties. He received his B.S. degree, with high honors, in accountancy and his J.D. degree, cum laude, from the University of Illinois. Mr. Becker has lectured on numerous occasions regarding family law issues, including child custody, child support, property issues, mediation and other alternative dispute resolution techniques, and the representation of children. He is a registered domestic relations mediator, has been trained as an arbitrator, and has been selected as a Distinguished Fellow of the Indianapolis Bar Foundation. Mr. Becker's community activities include working with Art With A Heart, board member (2010-present), president (2011-2014), immediate past president (2014-present); Legacy House, a service center for victims of violence, board member (2002-2010), chairperson (2005-2007, 2010), vice chairperson (2009); board member of Concord Community Development Corporation (2007-2012); and past president of the Board of the Directors of The Children's Theatre Institute. He is a member of the Indianapolis, Hamilton County, and Indiana State bar associations.

JAMES M. BOYERS is a partner in the law firm of Wooden & McLaughlin LLP. He represents clients in complex matters, often involving multiple parties, arising from construction, environmental and product liability claims. Mr. Boyers has worked extensively on E-Discovery issues, including negotiation of and court arguments regarding search terms, the format of data from complex databases, Standing Orders for Production and the proportionality of aspects of such discovery. He earned his B.A. degree from Hanover College and his J.D. degree from the Indiana University Maurer School of Law. Mr. Boyers has passed the four-hour examination of the Association of Certified Electronic Discovery Specialists (ACEDS) and is a member of the Indiana State and Seventh Circuit bar associations, the Defense Trial Counsel of Indiana, and the Defense Research Institute.

ANDREA L. CIOBANU is the managing attorney at Ciobanu Law, P.C., in Indianapolis, Indiana. She represents clients throughout Indiana in civil litigation matters, including commercial and business, defamation, family and domestic relations, protective orders, civil rights and ADA compliance, as well as appellate matters. A seasoned litigator, Ms. Ciobanu has argued before the Southern and Northern districts of Indiana federal courts, the Indiana Court of Appeals, the Indiana Supreme Court, and the Seventh Circuit Court of Appeals. She is also a trained registered civil, domestic, and elder mediator, guardian ad litem and parenting coordinator. Ms. Ciobanu is also a trained collaborative law professional. She is a frequent writer and speaker on such topics such as mediation, family and domestic relations, appeals, and civil rights. Ms. Ciobanu has been recognized as a Super Lawyers Rising Star every year since 2013. She was awarded with the 2013 Indiana University Robert H. McKinney School of Law Early Career Achievement Award and the 2018 Indiana University Robert H. McKinney School of Law Public Interest Award. Ms. Ciobanu is a 2012 Indiana State Bar Association Leadership Develop Academy graduate and a 2016 Stanley K. Lacy Series Leadership graduate. She teaches introductory law classes and legal ethics courses for undergraduates at Indiana University-Purdue University, Indianapolis. Ms. Ciobanu earned her B.A. and her M.P.A. degrees, both summa cum laude, from Indiana University, followed by earning her J.D. degree from Indiana University Robert H. McKinney School of Law.

BRETT T. CLAYTON is a partner with Reminger Co., LPA, where he focuses his practice on general civil litigation, medical malpractice defense, health care, municipal defense and insurance defense. Mr. Clayton is admitted to practice in Indiana and the U.S. District Court, Northern and Southern districts of Indiana. Mr. Clayton received his B.S. degree from Purdue University and his J.D. degree from Indiana University School of Law.

RALPH E. DOWLING is the owner of The Dowling Law Office in Muncie, Indiana, where he focuses his practice on plaintiff's personal injury litigation, civil appeals, and family law. He has lectured numerous times for the Indiana Continuing Legal Education Foundation, Muncie Bar Association and National Business Institute on litigation topics; and has published articles on litigation in the Indiana Lawyer. Mr. Dowling earned his B.A. and M.A. degrees from the University of Northern Colorado; his Ph.D. degree from the University of Denver; and his J.D. degree, summa cum laude, from Indiana University. He is a member of the Muncie and Indiana State bar associations, and the Indiana Trial Lawyers Association.

GREGORY W. POTTORFF is a senior associate in Ice Miller LLP's Indianapolis office, providing litigation services for a wide range of commercial matters and clients. He regularly represents companies and individuals in various types of complex litigation involving supply chain issues, product liability claims, real estate matters, and general competitive business litigation. Mr. Pottorff is currently the vice-chair of DRI Young Lawyers Civility and Professionalism Committee.

MICHELLE L. WALKER is an associate with the law firm of Newton Becker Bouwkamp Pendoski, PC, where she practices in all areas of family law, including dissolution, property division, paternity, custody modification, child support, premarital agreements, guardianships, and property settlement. She also assists with the firm’s general and business litigation practice. Prior to joining the firm, Ms. Walker was a judicial extern at both the United States District Court for the Southern District of Indiana and the Indiana Supreme Court. She also clerked for an insurance company. Ms. Walker received her B.A. degree, magna cum laude, in communication studies from Belmont University and her J.D. degree, cum laude, from Indiana University Robert H. McKinney School of Law. She serves as a volunteer court appointed guardian ad litem (GAL) in Marion County and a volunteer court appointed special advocate (CASA) in the Marion County Juvenile Court, representing the best interests of children. Ms. Walker is a member of the Hamilton County Bar Association, Indiana State Bar Association, and Indianapolis Bar Association, where she serves on the Young Lawyers Division Education Committee.