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#:

77274CDRA

Audio + Course Book

Credit Information

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  • National Association of Legal Assistants, Inc. - 6.00
  • National Federation of Paralegal Associations, Inc.
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. As Judges See It: 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

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 12/19/2019 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. As Judges See It: Top Admission Mistakes Made with ESI
    9:00 - 10:00 Written and Presented by Hon. Martha L. Mertz in Cedar Rapids and Davenport.
    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
    10:15 - 11:15 Written and Presented by Benjamin W. Roberson in Cedar Rapids and Davenport.
    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
    11:15 - 12:00 Written by Nicholas J. Kilburg and James K. Weston II. Presented by Nicholas J. Kilburg in Cedar Rapids and James K. Weston II in Davenport.
    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 - 2:00 Written and Presented by Paul M. Powers in Cedar Rapids and Davenport
    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)
    2:00 - 2:15 Written and Presented by Paul M. Powers in Cedar Rapids and Davenport.
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:30 - 3:30 Written and Presented by James K. Weston II in Cedar Rapids and Davenport.
    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 Written and Presented by Benjamin W. Roberson in Cedar Rapids and Davenport.
    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

NICHOLAS J. KILBURG is an attorney with Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P. Mr. Kilburg has represented a variety of clients, both plaintiffs and defendants, in a range of cases including multi-million-dollar shareholder claims, legal and medical malpractice cases, contested bankruptcy matters, and landlord-tenant cases. He has argued before the Iowa Supreme Court and the Iowa Court of Appeals, and regularly practices in various appellate courts. Mr. Kilburg is a member of the Iowa State Bar, Linn County Bar Association and Johnson County Bar Association. He is also a SuperLawyers Great Plains Rising Star, 2015-2017. Mr. Kilburg received his BA degree, with honors, from Carleton College and his J.D. degree from the University of Iowa College of Law. (Cedar Rapids location)

HON. MARTHA L. MERTZ is a District Court Judge in the 5th Judicial District in Iowa. (Cedar Rapids and Davenport locations)

PAUL M. POWERS is an attorney with Betty Neuman McMahon PLC, in Davenport, Iowa. His practice focuses largely on insurance defense. Mr. Powers is a graduate of the University of Iowa and Western Michigan University where he received his law degree, magna cum laude, and served as the editor-in-chief of the Law Review. He also holds an LL.M. degree in homeland and national security law. Mr. Powers is a member of the Order of Sword and Shield and a Freemason with Davenport Lodge #37. He is proud to have served in the Peace Corps in Senegal, West Africa, and he currently serves as a Board of Director for the Humane Society of Scott County. (Cedar Rapids and Davenport locations)

BENJAMIN W. ROBERSON is an attorney with Scheldrup Blades Shrock Smith P.C., in Cedar Rapids, Iowa. During his time in law school, Mr. Roberson spent a summer in Israel assisting various organizations including human rights groups, drafting resolutions, research documents and petitions. As part of his experience, he developed contracts for Swedish and American corporations, authored an introduction for a publication on regional settlements, and researched data to aid in the advancement of the status of women. While at the University of Iowa, Mr. Roberson also founded the International Law Society and was a member of the Pro Bono Society. Mr. Roberson clerked for Scheldrup Blades before joining as an associate attorney, where he handles workers' compensation and other civil matters for the firm. Mr. Roberson received his B.A. degree from Whitman College and his J.D. degree from the University of Iowa College of Law. (Cedar Rapids and Davenport locations)

JAMES K. WESTON II is a partner with the law firm of Tom Riley Law Firm, PLC, where he is a civil trial attorney practicing personal injury and wrongful death law. He is licensed to practice law in Iowa and before the U.S. District Court of Iowa (Northern and Southern) and the U.S. Court of Appeals, 8th Circuit. Mr. Weston is a member of the Iowa State Bar Association and the Johnson County Bar Association. He earned his B.A. degree from the University of Iowa and his J.D. degree from Drake University School of Law. (Cedar Rapids and Davenport locations)

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:

National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
12/19/2019
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
12/19/2018
NBI, Inc. is a NFPA approved CLE provider.


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