Audio CD + Course Book

How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77231CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00

Other

  • NALA - 6.00
  • NFPA
From Event: How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out), held December 2017.

Program Description

With all of the changes surrounding social media and email, it's critical to get up to speed on the latest rules, procedures and case law. This cutting-edge legal guide will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's and real world examples along the way. Get practical tech advice you can actually understand and start using right away these groundbreaking new forms of evidence. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, gain invaluable insight into proven ways for preserving, producing, admitting and blocking ESI. Order today!

Course Content

  1. Top Admission Mistakes Made with ESI
  2. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
  4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
  5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
  7. Legal Ethics and ESI

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 CO - Credit Approval Expiration 12/21/2019 *

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 12/21/2019 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. Top Admission Mistakes Made with ESI
    9:00 - 9:45, Elizabeth Bonannoand Christopher Griffiths
    1. Preparation, Coordination and Submission
    2. Weighing the Duty to Mitigate with the Duty to Hold Evidence for Trial
    3. Duty to Produce and Preserve
    4. Spoliation Pitfalls
    5. Sanctions and Proportionality
    6. Protective Orders, Production and Privilege Logs
    7. Defensible Legal Holds
    8. Citing Online Content Properly
    9. Privileged ESI That is Discoverable (Exceptions)
    10. Clawback Agreements
    11. Making Email Evidence Usable in the Courtroom
  2. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
    9:45 - 10:30, Nathan G. Osborn
    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
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    10:45 - 12:00, Nathan G. Osborn
    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
  4. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
    1:00 - 1:45, Nathan G. Osborn
    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
  5. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
    1:45 - 2:30, Elizabeth Bonanno and Christopher Griffiths
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:45 - 3:30, Mianne L. Besser
    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 and Vine
    9. Instagram, Pinterest and Snapchat
  7. Legal Ethics and ESI
    3:30 - 4:30, Howard J. Beck
    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

HOWARD J. BECK is a shareholder with Beck, Payne, Frank & Piper, P.C., in Aurora, Colorado. His practice includes commercial real estate, homeowner associations, as well as civil and commercial litigation. Mr. Beck earned his B.A. degree from the University of Nevada at Reno, and his J.D. degree from the University of Denver College of Law, where he was the managing editor of the Denver Law Journal. Mr. Beck is presently a member of the Mentor Advisory Board and the Denver Law Alumni Council of the University of Denver Sturm College of Law. He has completed the advanced trial advocacy program of the National Institute of Trial Advocacy. Mr. Beck is a member of the faculty of Federal Advocates-Colorado, as well as a member of the American, Colorado and Denver bar associations. He is admitted to practice before all Colorado courts, the 10th Circuit Court of Appeals, and the U.S. Supreme Court. With his extensive background and experience in real estate, construction, construction claims (including public project bonding), partnership and commercial litigation, Mr. Beck has been lead counsel in a number of complex civil litigation matters, including appellate work. He has represented physicians and medical practices, such as leveraged transactions involving the sale of non-practice assets, and represents creditors in complex bankruptcy matters. Mr. Beck is a frequent presenter and author of continuing education programs. He has previously taught for National Business Institute and the Institute for Paralegal Education.

MIANNE L. BESSER is a litigation paralegal with the firm of Otten Johnson Robinson Neff + Ragonetti PC, in Denver, where she consults with attorneys to determine litigation support requirements and eDiscovery needs. She has strengths in case management, investigation, organization, client relations, and application of legal theory, possessing the ability to work independently or within a team structure. In addition, Ms. Besser provides discovery recommendations, plans, time-lines and estimates to the responsible attorney. She plans, schedules and implements paper collections and electronic collections. Ms. Besser also coordinates third party eDiscovery consultants and hosted review vendors. She assists in the preparation of answers to interrogatories, responses to other written discovery and document production. Ms. Besser earned her B.A. degree from the University of Phoenix and her Certificate in Paralegal Studies from the Denver Paralegal Institute. She is the recipient of the National Federation of Paralegal Associations, Inc.'s 2012 Outstanding Local Leader; and the ParalegalGateway's 2011 Paralegal Superstar. Ms. Besser is a frequent lecturer, has written numerous articles, and has been an interview subject for several publications regarding the paralegal profession. She has been an adjunct instructor in paralegal studies for Kaplan College, Denver campus; and the Community College of Aurora. Ms. Besser is the Director, Region II, for the National Federation of Paralegal Associations, Inc. She is also a member and past-president of the Rocky Mountain Paralegal Association. Ms. Besser also holds membership in the following organizations: American Bar Association, associate member and the Colorado Association of Litigation Support Professionals. She is a member of the Community College of Aurora, Paralegal Advisory Council and the Westwood College, Paralegal Program Advisory Council.

ELIZABETH BONANNO is a shareholder at Gutterman Griffiths PC, practicing exclusively in family law. She enjoys leading her firm's in-house trainings on the division of retirement benefits, and her family law practice has focused on complex divorce, to include asset and business valuation, income valuation and executive compensation issues, among others. Ms. Bonanno is a 2017 Colorado Super Lawyers Rising Star, and she was named one of seven Up and Coming Lawyers by Law Week Colorado in 2015. In 2016, she was named a finalist for the Colorado Bar Association's 2016 Young Lawyer of the Year award. She earned her B.A. degree from Truman State University and her J.D degree, with honors in juvenile and family law, from the University of Colorado Law School.

CHRISTOPHER GRIFFITHS is a shareholder with the law firm of Gutterman Griffiths PC, where he practices civil litigation and family law. His practice includes cases involving insurance, construction defects, business disputes, real estate, and divorce. Mr. Griffiths has taught numerous classes on issues affecting property owners and managers including classes on construction defects, insurance, and community association law. He earned his B.S. degree from the University of Denver - Daniels College of Business and his J.D. degree, cum laude, from Gonzaga University School of Law. Mr. Griffiths is a member of the Texas Bar Association, Colorado Bar Association, Arapahoe County Bar Association and the NITA Deposition Course.

NATHAN G. OSBORN is a shareholder with Montgomery Little & Soran, PC, in Greenwood Village, Colorado. Mr. Osborn's practice is focused on real estate litigation, commercial litigation, and real estate transactions. He currently handles a wide variety of cases involving title claims, title agents, and title insurance underwriters. Mr. Osborn is a trial attorney and has tried 34 cases in his career. He earned his B.A. degree from Texas Christian University and his J.D. degree from the University of Nebraska College of Law. Mr. Osborn is licensed to practice in Colorado and Nebraska.

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:

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Accreditation Details:

Continuing Legal Education

CO CLE: 7.00 Credit Approval Exp
12/21/2019
Includes - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.2 ethics credit.


National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
12/21/2019
Includes - Ethics: 1.00
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR: Credit Approval Exp
12/21/2018
NBI, Inc. is a NFPA approved CLE provider.


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Mail: NBI
P.O. Box 3067
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