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#:

77585CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • GA 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, 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. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
  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 GA - Credit Approval Expiration 12/15/2018 *

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 - 10:00, Gregory L. Fordham
    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. Search Techniques
    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. Establishing Authenticity & Satisfying the Best Evidence Rule: The Unsurmountable Challenge
    10:15 - 11:15, Gregory L. Fordham
    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. Prima Facie Demonstration
    10. Proven Methods for Testing ESI (Comparison, Control, Hash Tags, Encryption and Metadata)
    11. Self-Authentication Methods
    12. Real-Life Examples and Recent Case Law
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    12:15 - 1:15, Percy J. Blount
    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. Using Expert Witnesses to Get Your Evidence in (and Keep Theirs Out)
    1:15 - 2:15, Louis Cohan
  5. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:30 - 3:30, Shannan F. Oliver
    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, David Ricks
    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

PERCY J. BLOUNT is an attorney with Glover Blount & Kerr. He has practiced law for 49 years and has a wide range of experience, trying many cases to jury verdict in state and federal courts. Mr. Blount has extensive experience in the preparation and trials of a vast array of cases, including criminal, intentional torts, motor vehicles, professional negligence, insurance matter, business and commercial disputes, construction disputes, and estate matters. He currently defends clients in bodily injury cases involving motor vehicle accidents, including those involving commercial vehicles, as well as insurance issues. Mr. Blount's practice also includes handling appellate arguments in state and federal courts and the Georgia Court of Appeals. He also is an accomplished mediator who has mediated more than 1500 cases involving premises liability, medical malpractice, motor vehicle accidents, insurance matters, intentional torts, commercial cases, construction cases, domestic disputes, products liability, and environmental cases. Mr. Blount earned his B.A. degree from the University of Georgia and his J.D. degree from the University of Memphis. He is presently judge of municipal court for the city of Harlem.

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 earned his B.S. degree from UGA and his J.D. degree from Emory School of Law. 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).

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.

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 in the state of Georgia and is admitted to practice before 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 from Georgia State University College of Law, cum laude.

DAVID RICKS is an attorney with Nelson & Smith, practicing personal injury law. Mr. Ricks received his B.B.A. degree from Valdosta State University, followed by earning his J.D. degree from Florida Coastal School of Law and Mercer Law School. While in law school, Mr. Ricks served as a teaching assistant for his contract professor, becoming well versed in both the Uniform Commercial Code (“UCC”), as well as state contract law. In his last year of school, Mr. Ricks interned with the district attorney’s office, practicing under the Georgia Third (3rd) Year Practice Act, where he honed his skills litigating felony, and misdemeanor trials, and defended the state in cases that were appealed to the Georgia Court of Appeals. He is admitted to practice in U.S. Middle District courts, Court of the Appeals of Georgia, as well as the Supreme Court of Georgia. Mr. Ricks is a member of the State Bar of Georgia, the Macon Bar Association and the American Bar Associations. Finally, as an associate at Nelson & Smith, he has settled and litigated various type of personal injury cases, including auto and truck accident, premise liability, medical malpractice, as well as products liability. Mr. Ricks is currently litigating a newly minted area of law concerning “school bullying” and the use of in school harassment combined with “off campus” actives involving the internet and “social media."

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

GA CLE: 6.00 Credit Approval Exp
12/15/2018
Includes - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations and 6.0 hours in the area of trial practice.


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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