Agenda / Content Covered

All times are shown in Eastern time

1. How to Find and Preserve Electronic Evidence
   11:00 - 11:45, Steven B. Vinick
   1. Sources and Types of Electronic Evidence
   2. Metadata Explained
   3. What Does (and Does Not) Need to Be Preserved
   4. Preservation Letters and Litigation Holds
   5. Preserving Clients' Electronic Evidence: Steps You Must Take
   6. Handling Data That Auto-Deletes
   7. Mobile Devices Preservation
   8. Cloud Storage and Data Backup
2. Obtaining Evidence From Smartphones
   11:45 - 12:45, Michael C. Maschke
   1. Ways to Get Evidence From Smartphones
   2. Text, Voice, and Instant Messages
   3. Call History
   4. Application Data
   5. Audio and Video
   6. Geo-Tagging, Cellular Network, and Other Location Data
3. Collecting Evidence on Computers and the Internet - DIY Tips
   1:00 - 2:00, Michael C. Maschke
   1. Laptops, Home Computers, Tablets
   2. Storage Media and External Devices
   3. Cloud-Based Storage
   4. Servers and Networks
   5. Capturing Webpage and Internet Evidence
   6. Social Media Postings and Account Data
   7. Smartwatches and Other Wearables
   8. Other IoT Devices: Automotive Devices, Smart Assistants, etc.
4. Gaining Access to Lost, Hidden, or Protected Data
   2:30 - 3:15, Steven B. Vinick
   1. Why Deleted Data Stays Around (and How to Access it)
   2. When Social Media Accounts Are Deactivated or Deleted
   3. Recovering Old Sites or Web Pages (Wayback Machine and More)
   4. Alteration, Deletion, and Spoliation
   5. Detecting and Obtaining "Hidden" or Disguised Data
   6. Dealing with Encrypted Data
5. Getting Your Hands on Their Data - Subpoenas and Discovery Requests
   3:15 - 4:00, Steven B. Vinick
   1. Using RFPs, Rogs, Depos & RFAs
   2. Objections and Production Disputes
   3. Getting Text Messages and Call Records From Phone Carriers
   4. How to Subpoena Records From Social Media Companies
   5. Subpoenaing Records From Websites, ISPS, etc.
6. Establishing Authenticity and Overcoming Hearsay Hurdles
   4:15 - 5:00, Steven B. Vinick
7. Legal Ethics of Electronic Discovery and Evidence
   5:00 - 6:00, Steven B. Vinick
   1. Competence
   2. Fairness to Opposing Party and Counsel
   3. Duty of Candor
   4. Confidentiality and Inadvertent Disclosures
   5. Supervising Paralegals and Experts (Rule 5.3)

Accreditation Details:

MICHAEL C. MASCHKE is the chief executive officer at Sensei Enterprises, Inc. He holds a degree in telecommunications from James Madison University. Mr. Maschke is an EnCase certified examiner (EnCE), a certified computer examiner (CCE #744), a certified ethical hacker (CEH), an AccessData certified examiner (ACE), and a certified information systems security professional (CISSP). He is an associate member of the American Bar Association and has spoken at the American Bar Association's TECHSHOW conference on the subject of cybersecurity. He is currently an active member of the ABA's Law Practice Division, Technology Core Group, and is on the Fairfax Law Foundation Board of Directors. Mr. Maschke is a 2019 Fastcase 50 award recipient. He is also a co-author of Information Security for Lawyers and Law Firms, a book published by the ABA in 2006 and The 2008-2020 Solo and Small Firm Legal Technology Guides (American Bar Association, 2008 - 2020).

STEVEN B. VINICK is of counsel with the law firm of Stein Sperling Bennett De Jong Driscoll, P.C., and practices in the areas of personal injury law, medical malpractice, criminal defense, and general civil litigation. He is licensed to practice law in Maryland, Washington, D.C., and Virginia. He is the treasurer of the Montgomery County Bar Association and a member of the Executive Committee of the Prince George’s County Bar Association. He is also a member of the Maryland State Bar Association, the D.C. Trial Lawyers Association, and the Maryland Association of Justice. Mr. Vinick was the Maryland Association of Justice Trial Lawyer of the Year for 2011. He earned his B.A. degree, Phi Beta Kappa and magna cum laude, from the University of Maryland and his J.D. degree, cum laude, from the University of Baltimore School of Law.