Live Seminar

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

Seminar

Date:

Thursday, March 22, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78305ER

Location:

InterContinental New Orleans

444 St Charles Ave

New Orleans, LA 70130

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • LA CLE - 6.00

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.
  • Learn proven methods for testing ESI, including comparison, hash tags, encryption and metadata.

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. 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

Continuing Legal Education – CLE: 6.00 *

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 - 9:45, Laurence Cohen
    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
    9:45 - 10:30, James R. Nieset Jr.
    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
    10:45 - 12:00, Donald A. Mau
    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 - 1:45, Donald A. Mau
    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)
    1:45 - 2:30, Brittany A. Cooper
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:45 - 3:30, Melissa Rome Harris
    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, Melissa Rome Harris
    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

LAURENCE COHEN is a sole practitioner who has practiced automobile law, maritime law, and personal injury law in New Orleans since 1982. He has represented thousands of people who have been injured and hurt in all types of occurrences from the simple to the severe and complex. Mr. Cohen has tried hundreds of cases all over the state. He earned his B.S. degree from the U.S. Merchant Marine Academy and his J.D. degree from Tulane University.

BRITTANY A. COOPER is an attorney with Gaudry Ranson Higgins & Gremillion LLC, where she practices in the areas of insurance defense and eDiscovery. She received her B.A. degree from the University of Pennsylvania and her J.D. degree from the University of Miami School of Law. She is a member of the Louisiana State Bar Association and the Jefferson Bar Association.

DONALD A. MAU is an attorney with the Smiley Law Firm in New Orleans. His practice areas include class action/complex litigation, complex business litigation, personal injury, environmental, oil and gas, and maritime law. Mr. Mau is admitted to practice in Louisiana and before the U.S. District Court for the Eastern District of Louisiana, as well as the Fifth Circuit Court of Appeals. He is a member of the Louisiana State and New Orleans bar associations, the American Association for Justice, and the Louisiana Association for Justice. Mr. Mau earned his B.A. degree from Loyola University and his J.D. degree from Louisiana State University - Paul M. Hebert Law Center.

JAMES R. NIESET JR. is a partner in the New Orleans law firm of Porteous, Hainkel & Johnson, LLP. Mr. Nieset defends insurance companies in personal injury, bad faith, coverage and property cases. Mr. Nieset has successfully tried cases to both judges and juries in state and federal courts throughout southeast Louisiana. Mr. Nieset has argued appeals in the Louisiana First, Third, Fourth and Fifth Circuit Courts of Appeal; and in the Louisiana Supreme Court. He is a frequent presenter on bad faith law, the law of social media, the use of technology in the practice of law, and professionalism. He received his B.S. degree from Tulane University College of Arts and Sciences and his J.D. degree from Tulane University School of Law. Mr. Nieset is a member of the American Bar Association, the Defense Research Institute, the Association of Defense Trial Attorneys, the Louisiana State Bar Association, the New Orleans Association of Defense Counsel, the Louisiana Association of Defense Counsel, the New Orleans Bar Association and the Council on Litigation Management (president SE Louisiana Chapter 2015).

MELISSA ROME HARRIS is an attorney with Sher Garner Cahill Richter Klein & Hilbert, L.L.C., where she focuses her practice primarily on commercial litigation. She is admitted to practice in all state and federal courts in Louisiana. Ms. Harris is a member of the Louisiana State Bar Association, the New Orleans Bar Association, the Federal Bar Association, and the Association for Women Attorneys. She earned her B.A. degree, magna cum laude, from Loyola University in New Orleans and her J.D. degree, cum laude, from Loyola University School of Law in New Orleans.

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

LA CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of 6.0 hours (based on a 60-minute credit hour) of credit, of which 1.0 hour will apply to ethics.


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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