Agenda / Content Covered

1. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
   9:00 - 10:00, Dennis E. Sawan
   
   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
   12. Top Admission Mistakes Made with ESI
2. Applying Hearsay Exceptions and Overcoming Relevancy Issues
   10:15 - 11:15, Adam M. Brown and Larry W. Zukerman
   
   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
3. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
   11:15 - 12:15, Adam M. Brown and Larry W. Zukerman
   
   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
4. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
   1:15 - 2:15, Chad D. Engelhardt
   
5. Real-World Examples, Handy How-to's and Sample Screen Shots
   2:15 - 3:15, Chad D. Engelhardt
   
   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
6. Legal Ethics and ESI
   3:30 - 4:30, Dennis E. Sawan
   
   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:

ADAM M. BROWN is an attorney at Zukerman, Lear & Murray Co., L.P.A., where he concentrates his practice on criminal trials, appeals, civil litigation, as well as individuals and entities that are under investigation by a government or regulatory agency. Mr. Brown is admitted to practice in Ohio, the U.S. District Court for the Northern District of Ohio and the U.S. District Court for the Western District of Michigan. He is a member of the Ohio Association of Criminal Defense Lawyers and the Cleveland Metropolitan bar association. Mr. Brown earned his B.S. degree, cum laude, from Ohio University and his J.D. degree from Ohio State University Moritz College of Law.

CHAD D. ENGELHARDT is a member of Goethel Engelhardt, PLLC, in Ann Arbor, Michigan. He practices in the areas of medical malpractice and automobile/trucking negligence. Before becoming a lawyer, Mr. Engelhardt served as an officer with a large law enforcement agency for over 12 years and is licensed as a professional investigator by the State of Michigan. He serves on the leadership council of the Negligence Law Section of the State Bar of Michigan, and he previously served on the SBM Representative Assembly. Mr. Engelhardt serves as the Michigan Association for Justice's education chair and as co-chair of the Medical Malpractice Committee. He has been named a Top 100 Super Lawyer and a Top 50 Consumer Lawyer by Super Lawyers; a Top 40 Under 40 and a Top 100 Trial Lawyer by the National Trial Lawyers Association; a Top Lawyer in the areas of medical malpractice, personal injury, and professional liability by dBusiness magazine; one of the Top Young Attorneys in Michigan by the New York Times; and an Up and Coming Lawyer by Michigan Lawyers Weekly. Mr. Engelhardt also serves as an adjunct professor and clinical field supervisor at the Western Michigan University Thomas M. Cooley Law School, where he teaches courses in medical malpractice and litigation skills and has received several awards. He has also been a guest lecturer for the University of Michigan Law School's trial practice course, and he is a regular speaker on medical negligence and litigation issues. Mr. Engelhardt earned his B.A. degree from the University of Michigan, Ann Arbor and his J.D. degree, magna cum laude, from Thomas M. Cooley Law School, Lansing.

DENNIS E. SAWAN is the managing partner of Sawan & Sawan LLC, where he has experience representing clients in the areas of civil rights law, civil litigation, car accidents, personal injury claims, insurance law, medical malpractice, dental malpractice and criminal defense. Mr. Sawan is licensed to practice law in the states of Ohio and Florida. He received his J.D. degree from the University of Toledo College of Law and his B.A. degree from Indiana University-Bloomington.

LARRY W. ZUKERMAN is a partner at Zukerman, Lear & Murray Co., L.P.A. His practice includes high profile white collar criminal defense, allegations of crime from internet/computer usage, as well as federal narcotics cases. Mr. Zukerman also represents individuals in the state and municipal courts of Ohio as well as in other states and countries. He aggressively defends his clients from the investigative stage through verdict. Mr. Zukerman is admitted to practice in Ohio and before all state and federal courts in the state of Ohio, The United States District Court for the Northern District of Ohio, The United States District Court for the Southern District of Ohio, The United States District Court for the Western Division of Michigan, The Sixth Circuit Court of Appeals, and The United States Supreme Court. He is an adjunct-professor of law at Case Western Reserve University School of Law. Mr. Zukerman is actively involved in the legal community and served as president of the Cuyahoga County Defense Lawyers Association, the vice president of the Ohio Association of Criminal Defense Lawyers and the chairman of the Cleveland Bar Association's Criminal Law Section. Mr. Zukerman earned his B.A. degree from Washington and Jefferson College and his J.D. degree from Case Western Reserve University School of Law.