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:

May, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • MN CLE - 6.00


  • NALA - 6.00
  • NFPA
From Event: How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out), held May 2018.

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. As Judges See It: 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 MN - Credit Approval Expiration 01/04/2020 *

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 05/23/2020 *

National Federation of Paralegal Associations, Inc. – NFPA

* denotes specialty credits

Agenda / Content Covered

  1. As Judges See It: Top Admission Mistakes Made with ESI
    9:00 - 9:45, Hon. Bridget Ann Sullivan
    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 - 10:45, David P. Graham
    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
    11:00 - 11:45, Brock J. Specht
    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
    12:45 - 1:45, Matthew Schaap
    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 - 2:15, John Faricy Jr.
  6. Real-World Examples, Handy How-to's and Sample Screen Shots
    2:30 - 3:30, John Faricy Jr.
    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, Matthew Schaap
    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

JOHN FARICY JR. is the managing partner of the Faricy Law Firm, P.A., in Minneapolis. Mr. Faricy is a complex insurance recovery and business litigator who seeks justice for his clients. He and his firm have extensive experience in large cases, including the recovery of billions of dollars of insurance assets in the asbestos arena. A New York federal district court judge appointed Mr. Faricy a subclass representative in the epic Johns-Manville class action. In that case, he obtained the $10 million "war chest" that was parlayed into a multi-billion dollar insurance recovery. Mr. Faricy represents individual and corporate policyholders in obtaining disputed insurance coverage. He is listed in the Marquis editions of Who's Who in American Law, Who's Who in Finance and Business, Who's Who in America and Who's Who in the World. Mr. Faricy was named as a 2005 Attorney of the Year by Minnesota Lawyer. He earned his B.A. degree from Tulane University and his J.D. degree from William Mitchell College of Law.

DAVID P. GRAHAM is a member of the products and professional liability practice group in Dykema's Minneapolis office. He defends products liability litigation for clients in the pharmaceutical, medical device and food industries. Mr. Graham has experience defending health care clients in False Claims Act cases, government investigations related to allegations of fraud, and long-term care malpractice claims. He also has experience representing clients in multi-district litigation, class actions, and consolidated state court proceedings, as well as FDA and USDA food labeling, advertising, and safety matters. In addition, Mr. Graham teaches food law at Hamline University School of Law. He is a member of the Minnesota State Bar Association (member, Product Liability and Health Law sections; chair, Food and Drug Law Section), the American Bar Association, the Defense Research Institute (Product Liability and Medical Device committees), the International Association of Defense Counsel, the Minnesota Defense Lawyers Association, and the Volunteer Lawyers Network (co-chair, Benefactor Board). Mr. Graham earned his B.A. degree from St. Olaf College and his J.D. degree, cum laude, from Hamline University School of Law.

MATTHEW SCHAAP is a commercial litigation attorney with Dougherty, Molenda, Solfest, Hills & Bauer P.A. in the Twin Cities metropolitan area of Minneapolis and St. Paul, Minnesota. He regularly assists small business owners in a variety of commercial litigation matters, including shareholder and member disputes. Mr. Schaap is licensed to practice in Minnesota and Wisconsin in both state and federal court. He has been actively involved in a variety of cases and has first-chaired many matters, including in a six-day arbitration centered on a business asset sale in which his client was awarded $110,315.50 on a promissory note, $215,000.00 in past due patent royalties and $1.6M in future patent royalties, plus attorneys' fees. Mr. Schaap has also presented successful oral arguments in a number of significant appeals before the Minnesota Court of Appeals (summary judgment in favor of mortgage industry client upheld) and the Federal Circuit Court of Appeals in Washington, D.C. (summary judgment in favor of client upheld in Ohio patent infringement litigation against a Wisconsin client). He has been repeatedly named to the Minnesota Rising Stars® List since 2007. Most recently, Mr. Schaap co-authored the lead article in the November/December 2014 issue of the ABA’s Law Practice Magazine entitled, "From Workaholism to Work-Life Balance: Change is Within Reach."

BROCK J. SPECHT is a partner with Nichols Kaster, PLLP, in Minneapolis, Minnesota. Mr. Specht has a nationwide practice representing plaintiffs in complex, class-action lawsuits typically brought on behalf of workers, consumers, and retirees. His experience includes successfully representing clients in complex lawsuits in numerous federal courts across the country, in private arbitration, and before administrative agencies. Mr. Specht also has significant appellate experience arguing cases in both state and federal courts of appeals. Prior to joining Nichols Kaster, PLLP, he practiced with a major Twin Cities law firm for several years, representing both individuals and major corporations in nationwide litigation involving a wide variety of substantive areas of law. Mr. Specht’s pro bono practice includes multiple appointments as a special assistant state public defender, representing clients before the Minnesota Court of Appeals. He has served as an adjunct professor of law at the University of St. Thomas School of Law, teaching appellate brief writing. Mr. Specht has been repeatedly recognized as a Rising Star by Minnesota Super Lawyers. He graduated with his B.A. degree from the University of Minnesota, and he earned his J.D. degree, magna cum laude, from the University of St. Thomas School of Law.

HON. BRIDGET ANN SULLIVAN is a District Court Judge in the Fourth Judicial District in Hennepin County, Minnesota. Judge Sullivan was appointed in 2014 and currently presides over family related court cases. She graduated with her B.A. degree from the University of Notre Dame, she was a graduate Fellow at Johns Hopkins University and she earned her J.D. degree from the University of Minnesota Law School.

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Accreditation Details:

Continuing Legal Education

MN CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
Approved for up to 6.0 hours of on-demand CLE credit, including 1.0 hour of ethics by the Minnesota Board of Continuing Legal Education. No more than 15.0 hours of on-demand CLE credit may be earned during a reporting period.

National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
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
NBI, Inc. is a NFPA approved CLE provider.

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Mail: NBI
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