Live Seminar

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

Seminar

Date:

Tuesday, March 20, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78231ER

Location:

Doubletree Hotel Collinsville / St Louis

1000 Eastport Plaza Drive

Collinsville, IL 62234

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 6.00
  • MO CLE - 7.20

Other

  • NALA - 6.00
  • NFPA

Program Description

A Practical How-to Guide for Turning ESI Into Evidence and Getting it Admitted

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 full-day, cutting-edge course will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts along the way. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, this comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI. Register today!

  • Recognize key social media, email and text evidence and traverse obstacles to ensure relevancy, authenticity and that the best evidence rule is satisfied.
  • Examine the latest rules, case law and procedures regarding the admission of email evidence.
  • Identify common spoliation pitfalls, sanctions and defensible legal hold hurdles.
  • Find out critical mistakes attorneys make when collecting Facebook and LinkedIn evidence.
  • Gain an in-depth understanding of metadata, how to scrub it, remove it from documents and produce responsive, non-privileged ESI with appropriate metadata and OCR.
  • Skillfully obtain ESI from smartphones, third parties, flash drives and external hard drives.
  • Learn how to effectively work with social media companies to obtain deleted information.
  • Apply business record and excited utterance hearsay exceptions to email, text messages and more.

Who Should Attend

This intermediate level legal program is designed for attorneys. Paralegals may also benefit.

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. 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

Credit Hrs State
CLE 6.00 -  IL*
CLE 7.20 -  MO*

National Association of Legal Assistants, Inc. – NALA: 6.00 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. Top Admission Mistakes Made With ESI
    9:00 - 10:00, S. Jay Dobbs
    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, Stephen O. Willoughby
    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
    12. Authenticating Evidence
  3. Applying Hearsay Exceptions and Overcoming Relevancy Issues
    11:15 - 12:15, Stephen O. Willoughby
    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, Andrew C. Corkery
  5. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:30 - 3:30, S. Jay Dobbs
    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, Ross T. Anderson
    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

ROSS T. ANDERSON is an attorney in East St. Louis, where he practices in class action litigation, medical malpractice, products liability, and personal injury. He has previously lectured for National Business Institute on personal injury settlements, evidence and expert testimony. Mr. Anderson is a member of the Bar Association of Metropolitan St. Louis; the St. Clair County, Madison County, and Illinois State bar associations; the Missouri Association of Trial Attorneys; the Illinois Association of Trial Attorneys; and the American Association for Justice. He earned his A.B. and J.D. degrees from the University of Illinois.

ANDREW C. CORKERY is a partner with Boyle Brasher LLC, where he primarily focuses his practice on transportation law and medical malpractice. He has represented railroads his entire career and has litigated numerous FELA, crossing and trespasser cases. In his medical malpractice work, he defends hospitals, doctors and other healthcare providers throughout southern and central Illinois. He has significant trial experience in Illinois and Missouri state courts and Illinois federal courts. Mr. Corkery has recently been appointed to the Illinois State Bar Standing Committee on Legal Education, Admission, and Competence and also serves on the Illinois Association of Defense Counsel. He is a member of The Missouri Bar, the Illinois State Bar Association and the Tennessee Bar Association. Mr. Corkery received his J.D. degree, cum laude, from St. Louis University School of Law and his B.A. degree, summa cum laude, from St. Louis University.

S. JAY DOBBS is an attorney and shareholder in the St. Louis office of Polsinelli P.C., where he focuses on commercial litigation, financial and securities litigation, healthcare (industry, litigation, and services), as well as litigation and dispute resolution, and products liability. Mr. Dobbs is a litigator. He represents clients ranging from startups to large publicly traded companies as lead counsel in a range of complex business litigation and product liability matters. Mr. Dobbs has practiced in state and federal courts, as well as before various regulatory and administrative boards. He has been selected for inclusion in Missouri & Kansas Super Lawyers, 2012, 2013 and 2015. Mr. Dobbs was appointed to the U.S. Attorney's Mortgage Fraud Task Force. He is a member of Polsinelli P.C. Board of Directors, as well as director of the Missouri Organization of Defense Lawyers. Mr. Dobbs earned his B.A. degree from DePauw University, followed by earning his J.D. degree from Washington University in St. Louis, Washington University Law Quarterly, associate editor and author.

STEPHEN O. WILLOUGHBY is a partner in the Decatur law firm of Willoughby & Zachry, P.C., where he practices in the areas of civil litigation, medical malpractice law and products liability law. Mr. Willoughby served as a special assistant attorney general from 1976-2013. He has been selected by a survey of peers as a Leading Lawyer by Leading Lawyers Network in the areas of practice of insurance/insurance coverage/reinsurance law, personal injury law, general personal injury law and professional malpractice. Mr. Willoughby also has been selected as an advisory board member for Leading Lawyers Network, Chicago Law Bulletin Publishing Company. He received his B.A. degree from Southern Illinois University and his J.D. degree from St. Louis University. Mr. Willoughby is a member of the Leading Lawyers Network and the Decatur Bar Association.

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

IL CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


MO CLE: 7.20 Includes - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 7.2 hours of CLE credit, which includes 1.2 hour of ethics, professionalism or malpractice prevention credit.


National Association of Legal Assistants, Inc.

N LA: 6.00 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 credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR:
NBI, Inc. is a NFPA approved CLE provider.


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Fax: 715.835.1405
Mail: NBI
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