Live Seminar

Facebook, Twitter, Instagram, Email and Smartphone Evidence: The Ultimate Guide

Seminar

Date:

2 Day Seminar
Monday, May 14, 2018 -
Tuesday, May 15, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79378ER

Location:

Cobb Galleria Centre

2 Galleria Parkway Southeast

Atlanta, GA 30339

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • GA CLE - 12.00

Program Description

From Preservation and Discovery to Authentication and Admission

Many cases have been won or lost on a social media post, text, or email. As courts and litigators continue to grapple with these case-winning (and crippling) new forms of evidence, staying up to speed on the latest rules, procedures and case law is a must. This comprehensive two-day course is packed with practical advice and real-world examples for obtaining ESI and getting it admitted into evidence - while keeping opposing counsel's out. Don't miss this chance for concrete instruction, examples and tips you can start using right away - register today!

  • Catch up with the latest rule changes, case law and developments in technology.
  • Gain best practices for preserving electronic evidence to avoid accidental alteration.
  • Receive do-it-yourself tips for locating and collecting evidence from the internet, smartphones and more.
  • Learn how to subpoena records from social media companies, phone carriers and other third parties.
  • Grasp the mechanics of how to find, remove, preserve and produce metadata.
  • Receive pointers on authenticating texts, social media posts and more.
  • Find out how to respond to hearsay objections to electronic communications.
  • Obtain actual examples/sample foundation scripts for getting different types of evidence admitted.
  • Take advantage of opportunities to disarm your opponent and keep their electronic evidence out.

Who Should Attend

This intermediate level seminar is designed for attorneys. Paralegals will also benefit.

Course Content

Day 1: Preservation, Discovery, Subpoenas and Metadata

  1. Court Rules, Case Law and Recent Developments
  2. Metadata Made Simple
  3. Preserving Electronic Evidence and Dealing With Spoliation
  4. What to Look for, Where to Find it, What to Do With it: Social Media, Texts, Email and Video
  5. Social Media: What is Discoverable and Advising Clients
  6. Discovery Requests (w/Samples) and Using Electronic Evidence Pre-Trial
  7. Subpoenaing Records From Facebook, Twitter, Phone Carriers, etc.
  8. Reviewing and Producing Electronic Evidence

Day 2: Get Yours Admitted and Keep Theirs Out of Evidence

  1. Establishing Authenticity and Satisfying the Best Evidence Rule
  2. Applying Hearsay Exceptions and Overcoming Relevancy Issues
  3. Laying a Foundation: Real-World Scripts/Examples
  4. Fitbit/Wearable Devices and Smart Devices: Discovery and Evidence How-to's
  5. Effectively Using Expert Witnesses
  6. How to Keep Their Evidence Out
  7. Legal Ethics: Social Media and Beyond

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *


* denotes specialty credits

Agenda / Content Covered

Day 1: Preservation, Discovery, Subpoenas and Metadata

  1. Court Rules, Case Law and Recent Developments
    9:00 - 9:30, Nathan A. Gaffney
  2. Metadata Made Simple
    9:30 - 10:15, Nathan A. Gaffney
    1. Metadata Explained
    2. How to Find Metadata on Files, Phones, Social Media, etc.
    3. Looking Through Documents Without Altering Metadata
    4. Preserving and Producing File Metadata
    5. "Scrubbing" Metadata
  3. Preserving Electronic Evidence and Dealing With Spoliation
    10:30 - 11:30, William P. Claxton
    1. Defensible Litigation Holds (w/Sample Letter)
    2. How to Save/Store/Archive and Re-Display
    3. Detecting Alteration
    4. Spoliation Pitfalls and What to Do
  4. What to Look for, Where to Find it, What to Do With it: Social Media, Texts, Email and Video
    11:30 - 12:30, Zach M. Matthews
    1. PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
    2. Social Media Searches
    3. Internet Resources and Investigations
    4. Email Discovery
    5. Texts, Call Logs, Apps, Geolocation Data, etc.
    6. Obtaining Deleted Data
  5. Social Media: What is Discoverable and Advising Clients
    1:30 - 2:15, Zach M. Matthews
  6. Discovery Requests (w/Samples) and Using Electronic Evidence Pre-Trial
    2:15 - 3:00, Shannan F. Oliver
    1. Interrogatories
    2. Requests for Production
    3. Using Requests for Admissions
    4. Using ESI Pre-Trial (Depositions, Motions, etc.)
    5. When to Play it Close to the Vest and When to Use it
  7. Subpoenaing Records From Facebook, Twitter, Phone Carriers, etc.
    3:15 - 4:00, William P. Claxton
    1. How to Subpoena Records From Social Media Companies
    2. Getting Text Messages and Call Records From Phone Carriers
    3. Subpoenaing Records From Websites, ISPs, etc.
    4. Workarounds for SCA Hurdles and Other Problems
  8. Reviewing and Producing Electronic Evidence
    4:00 - 4:30, Gregory L. Fordham
    1. Types of Data, Production Specifications and Formats
    2. Searching, Reviewing and Producing
    3. Leveraging Privileges/Objections
    4. Managing Costs

Day 2: Get Yours Admitted and Keep Theirs Out of Evidence

  1. Establishing Authenticity and Satisfying the Best Evidence Rule
    9:00 - 10:00, Louis Cohan
    1. Proactively Ensuring Authenticity
    2. Proving That Electronic Documents Have Not Been Modified
    3. Identifying Who Made the Post and Linking to the Purported Author
    4. Is the Evidence What the Proponent Claims?
    5. Does the ESI Have Distinctive Characteristics?
    6. Using Circumstantial Evidence to Authenticate
    7. Proven Methods for Testing ESI (Comparison, Hash Tags, etc.)
    8. Self-Authentication Methods
  2. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    10:00 - 10:45, Louis Cohan
    1. Is Computer-Generated and Cell Phone Information Hearsay?
    2. Adhering to the Hearsay Rule
    3. Applying Hearsay Exceptions to Email, Texts and Social Media
    4. Relevancy Hurdles
  3. Laying a Foundation: Real-World Scripts/Examples
    11:00 - 11:45, Nichole Hair
    1. Emails and Attachments
    2. Facebook, Twitter, Snapchat, Instagram, YouTube, etc.
    3. Webpages/Website Content
    4. Text Messages, Chats and Instant Messages
    5. Video, Audio and More
  4. Fitbit/Wearable Devices and Smart Devices: Discovery and Evidence How-to's
    12:45 - 1:45, Nichole Hair
    1. Discovery of Fitbit, Smartwatches, etc.
    2. Discovery of Alexa, Google Home and Other Smart Technologies
    3. Third Party Discovery
    4. How to Introduce Into Evidence or Block it
  5. Effectively Using Expert Witnesses
    1:45 - 2:30, Charles Hoffecker
    1. What They do, When and How to Use Them
    2. Computer/Audio Forensic Analysis and Reports
    3. Examination Tactics and Sample Questions
  6. How to Keep Their Evidence Out
    2:45 - 3:30, Charles Hoffecker
  7. Legal Ethics: Social Media and Beyond
    3:30 - 4:30, John M. Gross
    1. Satisfying the Duty of Technological Competence
    2. Remaining Ethical When Counseling Clients
    3. Social Media Landmines
    4. Ethical Considerations in Disclosing/Obtaining ESI
    5. Inadvertent Disclosures

WILLIAM P. CLAXTON is a partner with Quintairos, Prieto, Wood and Boyer, P.A., in their Roswell, Georgia Office. Mr. Claxton practices in the areas of personal injury, premises and product liability, automobile negligence, wrongful death, and arson and fraud litigation. He lectures at seminars for attorneys and the insurance industry, as well as at in-house training seminars on topics pertaining to insurance claims. He is an instructor at the Bureau of Alcohol, Tobacco and Firearms (ATF) National Academy and the Federal Law Enforcement Training Center. Mr. Claxton is a member of the Lawyer's Club of Atlanta; Defense Research Institute (DRI); Georgia Defense Lawyers Association; American Society for Industrial Security; Atlanta Claims Association; Middle Georgia Claims Association; Georgia Fire Investigators Association; International Association of Arson Investigators (IAA); American Bar Association; Atlanta Bar Association; Tennessee Bar Association; and the State Bar of Georgia, serving in the sections on Tort and Insurance Practice and Insurance Defense Law and Litigation. He earned his undergraduate degree from King College and subsequently attended the University of Tennessee. Mr. Claxton earned his J.D. degree from Walter F. George School of Law of Mercer University.

LOUIS COHAN founded Cohan Law Group, L.L.C., in 2011, following 18 years with Weinstock & Scavo, P.C., and has been a trial lawyer for more than 25 years. His experience includes litigation of more than $100 million dollars in claims in both state and federal courts in Georgia and around the U.S., arbitrations, more than 50 trials, and at least 100 mediations. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. Mr. Cohan has been selected as a Super Lawyer and one of Georgia Trend Magazine’s Legal Elite many times. He is a member of MENSA, and serves on the boards of the Atlanta Bar Association (treasurer - Litigation Section, chair - Small Firm Section), and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). Mr. Cohan earned his B.S. degree from UGA and his J.D. degree from Emory School of Law.

GREGORY L. FORDHAM is the founder of Fordham Forensics, Inc., based in Atlanta, Georgia. He provides forensic accounting and computer forensic, and e-discovery consulting services to attorneys in complex litigation cases nationwide. Although his cases have involved a wide range of labor related issues like claims of harassment, discrimination, and wrongful termination; he is most often involved in asserting or defending matters involving restrictive covenants and misappropriated trade secrets. Mr. Fordham is a certified public accountant in Virginia, and a certified internal auditor by the Institute of Internal Auditors. He has also added several professional certifications reflecting his computer forensic expertise, including certified computer examiner by the Internal Society of Forensic Computer Examiners. He earned his B.B.A. degree from Emory University in Atlanta.

NATHAN A. GAFFNEY is an attorney with the law firm of Fried Rogers Goldberg LLC. Mr. Gaffney joined the firm after practicing for several years as a defense attorney specializing in the defense of catastrophic injury and wrongful death cases. He also served as appellate counsel on the national trial team for one of the largest professional liability insurers in the country. Throughout his legal career, Mr. Gaffney has successfully tried a variety of cases from criminal matters to personal injury cases. In 2015, he had the honor of successfully representing the Council of State Court Judges of Georgia before the Supreme Court of Georgia and was awarded the Guardian of Justice for his efforts. He received his B.A. and J.D. degrees from Georgia State University. Mr. Gaffney is a member of the State Bar of Georgia, the Eleventh Circuit Historical Society and the Lawyers Club of Atlanta.

JOHN M. GROSS is general counsel for Taylor English Duma LLP, and is a member of the firm's litigation & dispute resolution practice group. He focuses his practice on financial and business organization litigation, commercial disputes, internal investigations and corporate governance matters. He will write upcoming revisions to Counseling the Board of Directors, a LexisNexis Matthew Bender publication. Mr. Gross has served as lead counsel before federal and state trial and appellate courts, in administrative proceedings, and before ADR panels. His clients have included Fortune 100 companies, financial institutions, manufacturers, national and small-town community banks, corporate directors and officers, wealthy individuals, and small business owners. Mr. Gross is admitted to practice in Georgia and New York, and is a member of the State Bar of Georgia. He earned his B.A. degree, with highest distinction, from Indiana University and his J.D. degree from Yale Law School.

NICHOLE HAIR is a partner with Hall Booth Smith, P.C., where she focuses her practice on defending companies and individuals in civil tort litigation, primarily medical malpractice and employment law, as well as specializing as outside counsel for the hospitality industry. Ms. Hair has been recognized as a Rising Star in Georgia Super Lawyers and is a former magistrate judge for Cobb County. In the healthcare realm, she has defended her clients against a broad range of claims, including professional and simple negligence, fraud, battery, HIPAA and invasion of privacy violations, contractual disputes, and licensing issues. Ms. Hair is an experienced litigator and has tried cases to verdict in both federal and state courts. She is a member of the Atlanta Bar Association, the Georgia Association of Women Lawyers, the State Bar of Georgia, Atlanta Claims Association, Defense Research Institute, and the Georgia Lawyers Association. Ms. Hair earned her undergraduate degree from Georgia Southern University, where she was a Bell Honors Scholar and a President's Scholarship recipient and her Juris Doctorate degree, with honors, from the Georgia State University School of Law.

CHARLES HOFFECKER is an attorney with Ney Hoffecker Peacock & Hayle, where his practice focuses primarily on representing clients in employment litigation, contract litigation, commercial/business litigation and liability litigation. He has extensive trial experience in both state and federal courts throughout the country. Mr. Hoffecker also regularly conducts arbitrations and mediations, and appears in state and federal appellate courts on behalf of the firm's clients. Prior to forming Ney Hoffecker Peacock & Hayle, he practiced law at one of the Southeast's leading litigation firms and also served as an assistant attorney general in the Georgia Department of Law. Mr. Hoffecker is a member of the State Bar of Georgia and is admitted to practice before the U.S. District Court for the Northern, Middle and Southern Districts of Georgia. He earned his B.A. degree, with honors, from Albion College and his J.D. degree from Valparaiso University School of Law.

ZACH M. MATTHEWS is a partner with McMickle, Kurey & Branch, LLP. He devotes his entire practice to litigation, including commercial motor carrier defense, premises liability, auto and personal injury defense and insurance coverage. He also represents both employers and insurers in the retail and hospitality sector (including hotels, restaurants, barrooms, and large sporting venues). Mr. Matthews is an experienced trial lawyer with a number of jury trial victories in Georgia's state and federal courts, including as solo trial counsel. He is active in the Georgia Defense Lawyer's Association, where he has served as the Young Lawyers chairman and is currently the chair of the Substantive Law Committee for Trucking. He is also active in the Defense Research Institute and speaks regularly to its various seminars. Mr. Matthews received his J.D. degree from the University of Tennessee College of Law.

SHANNAN F. OLIVER serves as counsel for Bloom Sugarman, LLP. With nearly two decades in practice, she assists clients with employment and business litigation. Ms. Oliver's experience at the state and federal levels has earned her accolades, not just from clients, but by peers as well. She has earned the title of Georgia Super Lawyers' Rising Star three times. Ms. Oliver is licensed to practice by the state of Georgia and is admitted to practice with the Supreme Court of Georgia, the Georgia Court of Appeals, the U.S. Court of Appeals for the Eleventh Circuit and the U.S. District Court for the Northern District of Georgia. She earned her B.A. degree from the University of North Carolina and her J.D. degree, cum laude, from Georgia State University 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.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

GA CLE: 12.00 Includes - Ethics: 1.00
This program is approved for 12.0 hours of continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of ethical considerations and 12.0 hours in the area of trial practice.


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