Audio CD + Course Book

Building Your Case with Electronic Evidence: Facebook, Text, Email Evidence and More

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77863CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Building Your Case with Electronic Evidence: Facebook, Text, Email Evidence and More, held December 2017.

Program Description

This comprehensive guide will walk you through processes, procedures and the latest electronic evidence case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts to obtain critical evidence. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook and smartphone evidence, this comprehensive electronic evidence guide will give you invaluable insight and proven ways for identifying, preserving, producing, authenticating and admitting electronic evidence. Order today!

Course Content

  1. What to Look for
  2. Metadata Explained
  3. How to Preserve it
  4. Where to Find it and How to Collect it
  5. What to do with it: Processing, Review and Production
  6. How to Get it Authenticated and Admitted
  7. Legal Ethics and ESI

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. What to Look for
    9:00 - 9:50, Brian Tome
    1. Different Types of Electronic Data
    2. Different Electronic Formats - in Detail
    3. Identifying Relevant Systems and Data
    4. Who are You Going to get the Data From?
    5. Privileged ESI That is Discoverable (Exceptions)
  2. Metadata Explained
    9:50 - 10:40, Kelly E. Rowe
    1. Defining Different Types and Formats
    2. Metadata Landmines to Avoid
    3. "Scrubbing" Metadata to Remove it from Documents
  3. How to Preserve it
    10:55 - 11:45, Brian Tome
    1. Preservation Made Simple
    2. Spoliation Pitfalls
    3. Sanctions and Proportionality
    4. Protective Orders, Production and Privilege Logs
    5. Defensible Legal Holds
    6. Case Law Update
  4. Where to Find it and How to Collect it
    12:45 - 1:35, Michael A. Iannucci
    1. Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
    2. Using Apps on Your Client's Smartphone to Collect Evidence
    3. Predictive Coding Do's and Don'ts
    4. Working with and Subpoenaing Social Media Companies and Phone Carriers
    5. Facebook's Archive Feature
    6. Using Friending/Following to Obtain Info
    7. What can be Done if the Account's Been Closed?
    8. Obtaining Deleted Data
    9. Secrets to Finding Text Evidence
    10. Retrieving Hard to Get Email Evidence
  5. What to do with it: Processing, Review and Production
    1:35 - 2:25, Daniel Mee
    1. Now I have the Data, Now What?
    2. Reviewing the Data
    3. Citing Online Content Properly
    4. Processing the Data
    5. Testing ESI, Including Comparison, Hash Tags, Encryption and Metadata
    6. Producing Responsive, Non-Privileged ESI with Appropriate Metadata and OCR
  6. How to Get it Authenticated and Admitted
    2:40 - 3:30, Mariellen Bello
    1. Proactively Ensuring Authenticity
    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. Proven Methods for Testing ESI
    11. Self-Authentication Methods
    12. Real-Life Examples and Recent Case Law
  7. Legal Ethics and ESI
    3:30 - 4:30, Ralph R. Smith III
    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

MARIELLEN BELLO is an attorney with the law firm of Susanin, Widman & Brennan, P.C. She has practiced for more than 25 years, primarily in the areas of ERISA, employment law litigation and counseling (including EEOC and state agency proceedings), wage and hour, family leave, ADA accommodations, and unemployment compensation. Ms. Bello has also provided training to numerous organizations regarding avoidance of racial, ethnic, and sexual harassment in the workplace, spoken regarding social media and hiring concerns, and written numerous employer policy manuals. She earned her B.A. degree from Ursinus College and her J.D. degree, cum laude, from Temple University School of Law, where she was a Law Review editor. Ms. Bello also volunteers her time to represent abused children with the Montgomery County Child Advocacy Project. She is a member of the Pennsylvania and New Jersey State bar associations, and numerous federal district and appeal courts.

MICHAEL A. IANNUCCI is a partner at Blank Rome LLP, and practices in the areas of litigation, including commercial and corporate litigation, appellate litigation, mortgage industry services, consumer financial litigation, cybersecurity, and class action defense. He is admitted to practice in Pennsylvania and New Jersey; and before the U.S. District Court, Colorado; the U.S. District Court, Eastern District of Pennsylvania; and the U.S. District Court for New Jersey. Mr. Iannucci is a member of the American, Camden County, New Jersey State, Pennsylvania, and Philadelphia bar associations. He earned his B.A. degree, with distinction, from the University of Delaware and his J.D. degree, with high honors, from Rutgers University School of Law-Camden.

DANIEL MEE is a partner at the Princeton office of Goldberg Segalla LLP. He is a member of the firm’s product liability, business and commercial, and employment and labor practice groups and he focuses his practice on product liability defense and class action defense. Mr. Mee has handled a wide range of cases, including intellectual property matters, labor and employment disputes, white-collar criminal defense, False Claims Act litigation and other complex litigation matters. Mr. Mee is well-versed in the complex field of data privacy and is certified as an information privacy professional (CIPP/US) by the International Association of Privacy Professionals. He is a frequent author and speaker on cyber security and is a leading contributor to Data Privacy and Security. Mr. Mee earned his B.A. degree at the College of William and Mary and his J.D. degree from Georgetown University Law Center. He is a member of the American Bar Association in the Science and Technology Section and the Internet of Things Committee, and the International Association of Privacy Professionals. Mr. Mee is admitted to practice in New Jersey and New York.

KELLY E. ROWE is an attorney with the law firm of Reilly, Janiczek, McDevitt, Henrich & Cholden, P.C., in Wilmington. Ms. Rowe focuses her practice in the areas of asbestos defense litigation, general insurance defense, and general liability defense. She received her B.A. degree from Widener University and her J.D. degree from Drexel University School of Law. Ms. Rowe is admitted to practice law in Delaware, Pennsylvania, New Jersey, the U.S. District Court of Delaware and the Eastern District of Pennsylvania.

RALPH R. SMITH III is a shareholder with Capehart & Scatchard, P.A., and is the vice chairman of the labor and employment group. He practices in the area of employment litigation and preventive employment practices, which includes counseling employers on the creation of employment policies and employer training to avoid employment-related litigation. Mr. Smith is a member of the American, New Jersey State, New Jersey Federal, and Camden County bar associations; Camden County Inns of Court; and the Society for Human Resources Management. He earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law.

BRIAN TOME is an attorney with Reilly, Janiczek, McDevitt, Henrich & Cholden P.C., where he focuses his practice on general litigation matters, including toxic tort, product liability, commercial litigation and asbestos litigation matters. Mr. Tome’s practice involves a broad range of matters in civil litigation in state and federal courts in Delaware, Maryland, and Pennsylvania. He represents companies, owners, individuals, non-profit organizations and insurers in matters ranging from product liability, personal injury, construction and environmental disputes, and toxic tort, including all aspects of asbestos litigation. Mr. Tome is admitted to practice in Delaware, U.S. District Court for the District of Delaware, Pennsylvania, U.S. District Court for the Eastern District of Pennsylvania, New Jersey, U.S. District Court for the District of New Jersey, Maryland and District of Columbia. He is also a member of the Delaware and American bar associations, as well as the Defense Counsel of Delaware. Mr. Tome earned his B.A. degree from the University of Delaware and his J.D. degree from Widener University School of Law. While in law school, he served as a judicial law clerk to the Honorable Dexter M. Thompson, Jr. of the Circuit Court for Cecil County Maryland.

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