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#:

77295CDRA

Audio + Course Book

Credit Information

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Other

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

Continuing Education Credit

Indiana Paralegal CLE – Indiana Paralegal CLE: 6.00 IN - Credit Approval Expiration 12/01/2019 *

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 12/01/2019 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. What to Look for, Where to Find it and What to do With it: Email, Social Media, Texts and Video
    9:00 - 10:00, Written by James M. Boyers.
    Presented by Kirk D. Bagrowski in Merrillville, James M. Boyers in Indianapolis and Peter J. Agostino in South Bend.

    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
  2. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    10:15 - 11:15, Written by Angela Field Trapp.
    Presented by Eric Oden Clark in Merrillville, Angela Field Trapp in Indianapolis and Peter J. Agostino in South Bend.
    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
  3. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
    11:15 - 12:15, Written by Bryan S. Redding.
    Presented by George R. Livarchik in Merrillville, Bryan S. Redding in Indianapolis and George R. Livarchik in South Bend.
    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
  4. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
    1:15 - 2:15, Written by Michele Lorbieski Anderson.
    Presented by Kirk D. Bagrowski in Merrillville, Michele Lorbieski Anderson in Indianapolis and Thomas Sean Stipp in South Bend.
  5. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:30 - 3:30, Written by Prof. Sara Anne Hook.
    Presented by C. Anthony Ashford in Merrillville, Prof. Sara Anne Hook in Indianapolis and Thomas Sean Stipp in South Bend.
    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
  6. Legal Ethics and ESI
    3:30 - 4:30, Written by Prof. Sara Anne Hook.
    Presented by Jennifer E. Davis in Merrillville, Prof. Sara Anne Hook in Indianapolis and Jennifer E. Davis in South Bend.
    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

PETER J. AGOSTINO is a shareholder in the law firm of Anderson Agostino & Keller, P.C. in South Bend. Mr. Agostino practices in the areas of municipal law and civil litigation, including personal injury, employment, products liability, civil rights, contacts, and closely held company disputes. He is a member of the St. Joseph County Bar Association and was inducted as a fellow of the Indiana Bar Foundation in 2006. Mr. Agostino earned his B.B.A degree from the University of Notre Dame and his J.D. degree from the University of Notre Dame School of Law. (South Bend location)

C. ANTHONY ASHFORD is an attorney practicing in northwest Indiana in the areas of personal injury, business litigation and criminal law. He has previously participated as a faculty member for National Business Institute. Mr. Ashford earned his B.A. degree and his J.D. degree, cum laude, from Indiana University. He is a member of the Lake County and Indiana State bar associations. (Merrillville location)

KIRK D. BAGROWSKI is a partner with Eichhorn & Eichhorn, LLP, where he practices in the areas of general civil practice; commercial and business litigation; professional liability and licensing, medical malpractice defense, medical disciplinary proceedings, legal malpractice defense, products liability defense, medical device defense, appellate practice, insurance defense, workers' compensation defense, and utility law. He is a member of the Indiana State and Lake County bar associations, as well as the Defense Trial Counsel of Indiana and the Illinois State Bar Association. Mr. Bagrowski earned his B.S. degree from the University of Notre Dame and his J.D. degree from the Indiana University School of Law. He is admitted to practice in Indiana, Illinois, the U.S. District Court for the Northern and Southern districts of Indiana, and the U.S. District Court for the Northern District of Illinois. (Merrillville location)

JAMES M. BOYERS is a partner in the law firm of Wooden & McLaughlin LLP. He represents clients in complex matters, often involving multiple parties, arising from construction, environmental and product liability claims. Mr. Boyers has worked extensively on E-Discovery issues, including negotiation of and court arguments regarding search terms, the format of data from complex databases, standing orders for production and the proportionality of aspects of such discovery. He earned his B.A. degree from Hanover College and his J.D. degree from the Indiana University Maurer School of Law. Mr. Boyers has passed the four hour examination of the Association of Certified Electronic Discovery Specialists (“ACEDS”), is a member of the Indiana State and Seventh Circuit Bar Associations, the Defense Trial Counsel of Indiana, and the Defense Research Institute. (Indianapolis location)

ERIC ODEN CLARK is a sole practitioner in Munster, Indiana, where he practices in the areas of family and custody law, juvenile law, and personal injury. He has been a panelist for various CLEs. Mr. Clark is a past adjunct professor at Valparaiso University (criminal law). He earned his B.A. degree from Valparaiso University and his J.D. degree from Valparaiso University School of Law. (Merrillville location)

JENNIFER E. DAVIS is a partner with the law firm of Garan Lucow Miller P.C., where she practices in the areas of appellate practice, auto negligence, commercial trucking negligence, construction defect, construction negligence, contract disputes, general liability litigation, insurance bad faith, insurance coverage disputes, personal injury, premises liability, and products liability. Ms. Davis is also a registered civil mediator. She is a former law clerk of the Indiana Court of Appeals, Judge Paul D. Mathias; and of the Allen Superior Court, Judge Paul Mathias, Judge Nancy Boyer, and Judge Stanley Levine. Ms. Davis has also been a professor of paralegal studies at Ivy Tech State College, an adjunct professor at several other universities, and lecturer for multiple seminars for Indiana Continuing Legal Education. She is admitted to practice in Indiana and before the U.S. District Court, Northern and Southern districts of Indiana. Ms. Davis is also a member of the Indiana State and Lake County bar associations. She earned her B.A. degree from Indiana University at Bloomington and her J.D. degree, with honors, from Valparaiso University School of Law. Ms. Davis is a certified mediator. (Merrillville and South Bend locations)

ANGELA FIELD TRAPP formed Trapp Law, LLC in 2011. Her areas of practice include criminal law, family law, estate planning and real estate law. After representing government and large corporations, Ms. Field Trapp now concentrates her practice on representing individuals and small businesses. She was awarded a prestigious Presidential Management Fellowship in Washington D.C. While serving in our nation's capital, Ms. Field Trapp worked for the United States House of Representative's Committee on Energy and Commerce, the Centers for Medicare and Medicaid Services and the Food and Drug Administration. She is a member of the Indianapolis Bar Association, Women and Law Committee. Ms. Field Trapp earned her B.A. degree from Indiana University, her Master's degree from University of Michigan, and her J.D. degree from Indiana University Maurer School of Law. (Indianapolis location)

PROF. SARA ANNE HOOK is professor of Informatics at Indiana University School of Informatics and Computing, IUPUI, where she has developed a suite of courses in the emerging field of legal informatics. She also has served as adjunct professor of law at the Robert H. McKinney School of Law, Indiana University, Indianapolis, where she has taught courses in intellectual property law and professional responsibility. Professor Hook is admitted to practice in Indiana and before the Supreme Court of the United States. She is a member of the American Intellectual Property Law Association (AIPLA), the Indiana State Bar Association, the International Legal Technology Association (ILTA), and of the Board of Governors of the Organization for Legal Professionals (OLP). Professor Hook regularly publishes and gives presentations on intellectual property law, electronic discovery, legal technology, legal research techniques, and issues related to privacy and security. She earned her B.A. and M.L.S. degrees from the University of Michigan; her M.B.A. degree from the Kelley School of Business, Indiana University; and her J.D. degree from the Robert H. McKinney School of Law, Indiana University, Indianapolis. (Indianapolis location)

GEORGE R. LIVARCHIK has maintained a law practice in Chesterton, Indiana, since 1979 under the firm name of Livarchik & Farahmand. He concentrates his practice in the areas of family law, bankruptcy law and personal injury. Mr. Livarchik has presented oral argument to the 7th Circuit Court of Appeals in Chicago and the Indiana Court of Appeals, while briefing at least 20 cases that resulted in published decisions by federal and state reviewing courts and the United States Bankruptcy Court for the Northern District of Indiana. He is a graduate of Valparaiso University School of Law and Hanover College. Mr. Livarchik has previously been a presenter at National Business Institute seminars on topics of bankruptcy and family law. He is a member of the American, Indiana State and Porter County bar associations. (Merrillville and South Bend locations)

MICHELE LORBIESKI ANDERSON is a member of Frost Brown Todd LLC. She focuses her practice in business litigation and white-collar criminal defense. Ms. Anderson has tried and defended complex business disputes involving fraud, breach of fiduciary duty, contract interpretation, environmental damage, tortious interference, and trade secrets in state and federal courts, and arbitration proceedings. She is a member of the State Bar of California and the Indiana State Bar Association. Ms. Anderson earned her B.A. degree from DePauw University and her J.D. degree, cum laude, from Georgetown University Law Center. (Indianapolis location)

BRYAN S. REDDING has been a trusted attorney in Indiana since 1994. After graduating from Indiana University School of Law-Indianapolis, cum laude, he went on to be a judicial clerk, registered patent attorney, law-firm partner, as well as executive management in a corporate setting. Currently, Mr. Redding combines his varied experience and knowledge with cutting-edge technology to create innovative legal solutions being offered by Redding Law, LLC. His character, competency, and approachability, gives the peace of mind wanted when considering legal issues, such as business creation, succession, protection or sale/purchase; intellectual property (trade-secret, trademark, copyright, patent); real estate (commercial or residential); or commercial litigation. Mr. Redding is a frequent speaker on technology issues, as well as current legal topics. (Indianapolis location)

THOMAS SEAN STIPP is the owner and managing member at Stipp Law, LLC in South Bend. He practices in the areas of domestic relations, personal injury and family & juvenile law. Mr. Stipp is a member of the St. Joseph County, Indiana State, and American bar associations. In addition, he carries the distinction of certified family law specialist, registered domestic relations mediator, and collaborative law attorney. Mr. Stipp earned his B.A. degree from Indiana University and his J.D. degree from the University of Notre Dame School of Law. (South Bend location)

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Accreditation Details:

Indiana Paralegal CLE

IN INPAR: 6.00 Credit Approval Exp
12/01/2019
Includes - Ethics: 1.00
This course will qualify for 6.0 hours of distance learning continuing education for paralegals, including 1.0 hour of ethics, toward the eligibility requirements as a paralegal affiliate member of the Indiana State Bar Association. No more than 3.0 hours of distance learning CLE credit may be earned during a reporting period.


National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
12/01/2019
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
12/01/2018
NBI, Inc. is a NFPA approved CLE provider.


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