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#:

77579CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00

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, 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

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 12/15/2019 *

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 12/15/2019 *

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 - 10:15, Todd W. Baxter
    1. Top Admission Mistakes Made with ESI
    2. Types of Data, Production Specifications and Formats - in Detail
    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. 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
    7. Working with and Subpoenaing Social Media Companies
    8. Facebook's Archive Feature
    9. Using Friending/Following to Obtain Info
    10. What Can Be Done if the Account's Been Closed?
    11. Obtaining Deleted Data
    12. Processing, Review and Production Pitfalls
  2. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    10:30 - 11:30, Todd W. Baxter
    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
    11:30 - 12:30, Aimellia K. Siemson
    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. Identifying Who Made the Post and Linking to the Purported Author
    5. Is the Evidence What the Proponent Claims?
    6. Examination of Circumstantial Evidence
    7. State Interpretation of Federal Rule 901
    8. Self-Authentication Methods
    9. Real-Life Examples and Recent Case Law
  4. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
    1:30 - 2:30, Gary Scott Decker
  5. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:45 - 3:30, Aimellia K. Siemson
    1. Preservation, Spoliation and Authentication Obstacles
    2. Facebook and Twitter
    3. Emails (Work-Related and Personal)
    4. Computerized Versions of Contracts and Other Documents
    5. Text Messages and Voicemail
    6. Chats and Instant Messages
    7. Instagram and Snapchat
  6. Legal Ethics and ESI
    3:30 - 4:30, Gary Scott Decker
    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

TODD W. BAXTER is an equity partner with the Fresno law firm of McCormick Barstow, LLP, where his practice is concentrated in the areas of appellate litigation, insurance coverage and insurance bad faith litigation. He is admitted to practice before the U.S. Supreme Court. Mr. Baxter has handled numerous appeals at both state and federal levels. He earned his B.S. degree from the University of Wisconsin - Madison, and his J.D. degree from the University of Nebraska - Lincoln. Mr. Baxter is a member of the Fresno County, Nebraska State and Federal bar associations; and the State Bar of California.

GARY SCOTT DECKER is a partner and principal in the Sacramento law firm of Decker Law Offices, and has been an author and presenter of National Business Institute seminars for more than 25 years. Since 1977, his areas of practice have included business and civil litigation, legal ethics litigation and counseling, workers' compensation subrogation, state and federal appeals, alternative dispute resolution, personal injury and insurance defense, insurance coverage law, and foreclosure litigation. Mr. Decker earned his B.A. degree from the University of California at Davis and his J.D. degree from the University of California at Berkeley. He is a past-president of the Sacramento County Bar Association.

AIMELLIA K. SIEMSON is a principal attorney at Ahmschen Law and visiting professor, practicing in the areas of business law, immigration law, and family law. Ms. Siemson currently manages various cases in business formation and compliance, investments, immigration benefits, and various areas of family law ranging from divorce to child custody and support. During law school in Washington D.C., she worked in the Legislative Clinic and the Juvenile and Special Education Law Clinic, which provided her with more than 1,200 hours of pro bono legal experience. Ms. Siemson is a member of the American Bar Association, State Bar of California, Sacramento County Bar Association, and Phi Alpha Delta Law Fraternity. She earned her B.A. and M.A. degrees from California State University, Fresno and her J.D. degree from the University of the District of Columbia.

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

CA CLE: 6.00 Credit Approval Exp
12/15/2019
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
12/15/2019
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
12/15/2018
NBI, Inc. is a NFPA approved CLE provider.


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