Audio CD + Course Book

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

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:


Audio + Course Book

Credit Information

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From Event: Building Your Case with Electronic Evidence: Facebook, Text, Email Evidence and More, held March 2018.

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

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 KS * 03/22/2019
CLE 6.00 MO 03/23/2020

* denotes specialty credits

Agenda / Content Covered

  1. Metadata Explained
    9:00 - 9:45, Deborah S. Johnson
    1. Defining Different Types and Formats
    2. Metadata Landmines to Avoid
    3. "Scrubbing" Metadata to Remove it From Documents
  2. How to Preserve It
    9:45 - 10:45, Deborah S. Johnson
    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
  3. What to Look for, Where to Find it and How to Collect It
    11:00 - 12:15, Philip W. Goodin
    1. Different Types of Electronic Data
    2. Who are You Going to Get the Data From?
    3. Obtaining Evidence: Smartphones, PCs and Tablets, Third Parties, Flash Drives and External Hard Drives, Cloud Storage
    4. Using Apps on Your Client's Smartphone to Collect Evidence
    5. Predictive Coding Do's and Don'ts
    6. Working With and Subpoenaing Social Media Companies and Phone Carriers
    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. Secrets to Finding Text Evidence
    12. Retrieving Hard to Get Email Evidence
  4. What to do With It: Processing, Review and Production
    1:15 - 2:15, Kyle Schmidt
    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
  5. How to Get it Authenticated and Admitted
    2:15 - 3:15, Kyle Schmidt
    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
  6. Legal Ethics and ESI
    3:30 - 4:30, Philip W. Goodin
    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

PHILIP W. GOODIN is the vice president of litigation services and head of the eDiscovery consulting division of UnitedLex. Mr. Goodin specializes in counseling clients on all issues related to electronically stored information and ESI preservation, harvesting, and production requirements in state and federal courts. As a practicing litigator for many years prior to joining UnitedLex, he brings a balanced approach to his consulting practice in that he has both an extensive knowledge of various collection, processing, and review technologies used in complex litigation, and an understanding of the practical challenges that in-house and outside counsel face through the ESI production process. Mr. Goodin's unique background and experiences allow him to interact with UnitedLex's clients in a way that brings true value and expertise. Immediately prior to joining UnitedLex, he practiced for eight years in the litigation and dispute resolution group at the Kansas City, Missouri office of Spencer Fane Britt & Browne LLP. Mr. Goodin's practice focused on complex and class litigation with an emphasis on antitrust and construction litigation. He also was one of the firm's experts on ESI issues, drafting and contributing to the eDiscovery “Best Practices.” Mr. Goodin was responsible for a variety of general commercial litigation matters during his tenure at Spencer Fane Britt & Browne LLP, including notably his work on an antitrust case that involved ten major health care entities in Kansas City. As part of his work, he lead a three-person committee of joint defense counsel that negotiated and renegotiated the protocols for use in a large document review and production. Mr. Goodin earned his J.D. degree at the University of Iowa School of Law, where he graduated with distinction and received a Full Merit Scholarship. Since joining UnitedLex in 2008, he has concentrated primarily on discovery in antitrust and class action cases, working extensively with both law firms and corporate clients. Mr. Goodin is a frequent author and lecturer in his area of expertise.

DEBORAH S. JOHNSON is a sole practitioner at the Law Office of Deborah S. Johnson in Kansas City, Missouri. Ms. Johnson practices in the areas of juvenile law, personal injury, family law, civil rights, education law, and contract law. She also has more than 10 years of experience in special education law. Ms. Johnson is admitted to practice in Kansas and Missouri, and has lectured for The Missouri Bar. She is a former due process hearing officer. Ms. Johnson is a member of The Missouri Bar, Kansas Bar Association, Kansas City Metropolitan Bar Association, and Johnson County Bar Association. She earned her B.A. degree from Ottawa University and her J.D. degree from the University of Missouri-Kansas City.

KYLE SCHMIDT is a litigation manager with UnitedLex providing Fortune 500 and AM-Law 100 clients with efficient and cost effective document review services. Prior to his current role, Mr. Schmidt was the program director of UnitedLex's Kaye Scholer eDiscovery Solutions Center in New York City, where he managed the firm’s insourced litigation support department. At Kaye Scholer, he worked on behalf of the firm and its clients to increase efficiency, value and defensibility in the firm's eDiscovery matters. Mr. Schmidt also used his expertise and experience to implement best practices to improve the firm's overall eDiscovery capabilities. He received his bachelor's degree from the University of Kansas and his J.D. degree from the University of Iowa College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Accreditation Details:

Continuing Legal Education

KS CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 6.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit. No more than 6.0 hours of prerecorded format CLE may be earned in one compliance period.

MO CLE: 6.00 Credit Approval Exp
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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