Obtaining Evidence From Electronic Devices in Washington

Agenda / Content Covered

1. Rules and Resources You Need to Know
   9:00 — 9:45, Ben Hodges
   1. Types of Data, Storage, Production Specifications, and Formats
   2. Privacy, Privilege Laws, and Case Law
   3. Applying the Discovery Rules to ESI
   4. Data Collection Software
   5. Predictive Coding/Technology Assisted Review
   6. When and How to Use Computer Forensics Specialists
   7. Preserving and Protecting Electronic Evidence
   8. Tips for Detecting Alteration or Destruction of ESI
2. Collecting Social Media Account Content
   9:45 — 10:30, Ben Hodges
   1. Social Media Sites You Must Know
   2. What to Look for and Where to Find it
   3. Social Media Discovery
   4. Downloading Social Media Content
   5. Archive Features
   6. What to Do if an Account's Been Deactivated or Deleted
   7. Facebook, Twitter, LinkedIn, Instagram, and More: Handy How-to's and Screenshots
   8. Authenticating Social Media Postings
3. Obtaining Computer, Email, and Internet Evidence
   10:45 — 11:30, Ben Hodges
   1. Obtaining Evidence From PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
   2. Gathering, Reviewing, and Producing Emails
   3. Cookies and Web History
   4. Go-to Website Resources
   5. Collecting Internet Evidence
   6. Obtaining and Using Deleted Internet Evidence
   7. Citing Online Content Properly
   8. Handy How-to's and Screenshots
   9. Authenticating Emails, Internet Evidence, and More
4. Retrieving Evidence From Smartphones
   11:30 — 12:15, Frank Huguenin
   1. What to Look for, Where to Find it
   2. Texts, Instant Messages, and Voice Messages
   3. Collecting Evidence on Apps
   4. Collecting Audio and Video
   5. Geo Tagging
   6. Finding Evidence of a Secret or Hidden Phone
   7. Using Apps to Collect Evidence
   8. Retrieving Deleted Data and Messages
   9. Authenticating Text Messages and Other Smartphone Content
5. Cameras, Wearable Tech, GPS Devices, and More: Real-World Tips
   1:15 — 1:45, Mark Kimball
6. Metadata: Using, Scrubbing, Producing
   1:45 — 2:30, Ben Hodges
   1. What Metadata Can Reveal
   2. Avoiding Disclosure of Work Product or Privileged Information
   3. Scrubbing Metadata to Remove it From Documents
   4. Preserving and Producing File Metadata
   5. Using Metadata to Authenticate Documents
7. Subpoenaing Social Media, Phone Records, and More (w/Samples)
   2:45 — 3:30, Frank Huguenin
   1. When to Request, What to Request, and What You'll Receive
   2. In-State vs. Out-of-State Subpoenas
   3. Issuing Subpoenas to Websites or Parent Companies
   4. Using Subpoenas for Social Media Records
   5. Subpoenaing Phone Records
   6. Using Subpoenas to Gather Other Records
   7. Managing Nonproduction and Cost Issues
8. Legal Ethics of Social Media and ESI
   3:30 — 4:30, Mark Kimball
   1. Social Media Ethics
   2. Attorney E-Discovery Competency
   3. Data Confidentiality
   4. Spoliation: Ethical Issues
   5. Inadvertent Disclosure of Documents: Sender vs. Receiver

Accreditation Details:

Ben Hodges is principal with Foster Garvey PC. Mr. Hodges is a registered patent attorney and focuses on complex litigation and technology counseling. His litigation experience includes managing complex civil litigation cases of all types, including post grant IP matters, patent, unfair competition, trademark and trade dress, copyright, property disputes, and breach of contract cases. He also has experience in cases involving preliminary injunctive relief. Mr. Hodge's technology practice involves litigation and also counseling small and large companies on all types of issues impacting their companies, including guiding IP prosecution efforts. He has counseled individuals and companies in services industries, manufacturing, telecommunications, software, food and consumables, petroleum refining, internet and media, and transportation. Mr. Hodges earned his B.A. degree from Washington University in St. Louis and his J.D. degree from University of Missouri School of Law.

Frank Huguenin is a partner with Carson Law Group PLLC. Mr. Huguenin practices in the areas of business and corporate law, real estate law, estate planning, probate and guardianships, and civil litigation. He earned his A.A. from South Seattle Community College, his B.A. degree from University of Washington and his J.D. degree from Seattle University School of Law.

Mark D Kimball is the founding shareholder of MDK Law, a firm emphasizing corporate, commercial, and property law and consulting in matters involving federal and international taxation. Mr. Kimball is admitted to practice in Washington, New York, and Texas. He is an adjunct professor of law at Eotvos Lorand and Masaryk universities in Europe and has served as a law school guest lecturer at Seattle University School of Law. Mr. Kimball is also engaged as an expert witness in superior court cases involving limited liability companies and governance and other member issues. He earned his J.D. degree and LL.M. (taxation) degree from the University of Washington School of Law and also holds an LL.M. degree in transnational commercial practice from Europe.