Agenda / Content Covered

All times are shown in Eastern time.

1. Biomechanical Accident Reconstruction
   10:00 - 10:30, Mark J. Klecan
2. Smartphone and Computer Forensics
   10:30 - 11:30, Michael M. Nelson
   1. Data and Metadata - The Must-Knows
   2. The Internet of Things
   3. Preservation
   4. Data Collection and Examination
   5. Location Data
   6. Retrieving Hidden, Inaccessible or Deleted Data
   7. Authentication and Admission
3. Mastering the Medical Side of Injuries and Trauma
   11:45 - 12:45, Dr. H. Peter Blumenthal
   1. Anatomy and Physiology Refresher
   2. Reviewing Medical Records
   3. Pre-Existing Injuries and Conditions
   4. Independent Medical Examinations
   5. The Autopsy
4. Toxicology 101 for Injury Attorneys: Alcohol, Marijuana and More
   12:45 - 1:15, T. Kevin Knight
   1. Understanding the Tests
   2. False Negatives and Positives
   3. Testing Errors That Affect Accuracy
   4. Testing Reports and Litigation Packages
5. Forensic Psychology Made Simple
   1:45 - 2:15, T. Kevin Knight
   1. Medical, Psychological and Psychiatric Records
   2. Psychological and Neuropsychological Testing
   3. Understanding Clinical/Psychiatric Causation
   4. Pre-Existing Conditions and Pre-Disposition
   5. Expert Reports, Depositions and Trial Testimony
6. Admissibility of Scientific Evidence and Expert Testimony: Applying Daubert/Frye
   2:15 - 3:00, Donald A. Wochna
   1. Real vs. Junk Science: Current Guidelines
   2. Validity of Disciplines and Methods
   3. Daubert/Frye: Expert Testimony Admission/Exclusion
   4. Motions in Limine to Exclude Expert Testimony
   5. Presentation of Scientific and Expert Proof
   6. Eyewitness Perception and Testimony
   7. Current Defenses Against Forensic Evidence
   8. Case Law Review: What Courts Find Most and Least Credible
7. Deposing and Cross-Examining Forensic Expert Witnesses
   3:15 - 4:00, Mark J. Klecan
   1. Investigating the Expert Witness
   2. The Reports - What to Look for
   3. How to Level the Playing Field When They Are the Expert
   4. Practical Questioning Techniques
   5. Attacking Qualifications, Assumptions and Biases
8. Legal Ethics
   4:00 - 5:00, Mark J. Klecan
   1. Competence
   2. Conflicts of Interest
   3. Preserving Confidentiality
   4. Ethics in Discovery
   5. Ethical Guidelines - Working with Expert Witnesses

Accreditation Details:

DR. H. PETER BLUMENTHAL is an occupational physician with training in pharmacology and toxicology, and clinical experience in trauma. Dr. Blumenthal learned to understand illnesses caused by toxic exposure during fellowship training in clinical pharmacology and toxicology. He learned injury management during 12,000 hours as an emergency physician. Therefore, Dr. Blumenthal is versed in both prevention and care of work-related injuries and illnesses. Since 1993, he has conducted over 36,000 independent medical exams, including long-term disability assessments. Dr. Blumenthal earned his M.D. degree and a Dr. med. degree in Bonn, Germany; trained in clinical pharmacology at Tulane; in clinical pharmaco-kinetics at the State University of New York at Buffalo; and earned his M.P.H. (Master of Public Health) degree at Rutgers. He has maintained an academic affiliation as clinical assistant professor of medicine at the Rutgers-New Jersey Medical School. Dr. Blumenthal is a diplomate of the American Board of Preventive Medicine in Occupational Medicine, as well as a diplomate of the American Board of Independent Medical Examiners (CIME). Locally, Dr. Blumenthal is a member of the Essex County Medical Society (past president and current chair of the Medical-Legal Liaison Committee), regionally as a member of the Medical Society of New Jersey (treasurer), and nationally as a member of the American College of Occupational and Environmental Medicine (past Speaker of the House).

MARK J. KLECAN is a sole practitioner in Albuquerque. He focuses his practice in the areas of litigation, mediation, and arbitration of personal injury, wrongful death, and insurance claims. Mr. Klecan attended Rockhurst College in Kansas City, Missouri; earned his B.A. degree from the University of New Mexico; and his J.D. degree from the University of New Mexico School of Law. He is a member of the American Bar Association (Tort and Insurance Practice Section), the State Bar of New Mexico (Trial Practice Section), and the Defense Research Institute; and fellow of the American College of Trial Lawyers. Mr. Klecan is admitted to practice in the states of New Mexico and Washington; and before the U.S. District Court for the New District of New Mexico, the Tenth Circuit Court of Appeals; and the U.S. Supreme Court. He also has served as the hearing officer for the Disciplinary Board. Mr. Klecan has lectured on topics regarding the use of accident reconstruction experts in civil litigation, trial tactics for personal injury litigation, arbitration of uninsured motorist claims, and professionalism and ethical considerations for insurance defense lawyers.

T. KEVIN KNIGHT is a partner in the law offices of DSK Law. Mr. Knight is board certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, he has generally focused on personal injury litigation. Mr. Knight earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.

MICHAEL M. NELSON is the founder of DFDR Consulting LLC, and has consulted on and examined data for numerous personal, corporate, criminal, civil, and domestic cases. He has testified, been deposed, and submitted affidavits as a digital forensics expert on multiple occasions in multiple states. Mr. Nelson was acknowledged in EnCE The Official EnCase Certified Examiner Study Guide" (second and third editions) and Mastering Windows Network Forensics and Investigation (second edition). He has also been published in eForensics Magazine for SQL investigation techniques. In addition to authoring, Mr. Nelson has also presented at the Legal Intelligencer's Litigation Summit on ediscovery practice tips, as well as on forensics and ediscovery tips for Prime Global and Wolters Kluwer CCH. Furthermore, he has spoken on obtaining life data, macintosh forensics and building a flexible ediscovery process for Appalachian Institute of Digital Evidence, and served as a panel expert on cybersecurity and compliance for the East Coast Gaming Congress & iGaming Institute. Recently, Mr. Nelson was also a featured speaker at multiple National Business Institute events in 2019. He is a member of the International Society of Forensic Computer Examiners (ISFCE), Information Systems Audit and Control Association (ISACA), International Information Systems Security Certification Consortium (ISC2), High Technology Crime Investigation Association (HTCIA), Infragard (the Federal Bureau of Investigation's collaborative infrastructure protection society), International Association of Computer Investigation Specialists (IACIS), and the Philadelphia area chapter of Association of Certified Fraud Examiners. Mr. Nelson was a previous president of the Delaware Valley Chapter of HTCIA. His industry credentials include accessdata certified examiner (ACE), accessdata mobile examiner (AME), certified computer examiner (CCE), cellebrite certified mobile examiner (CCME), certified data recovery professional (CDRP), certified ethical hacker v8 (CEHv8), certified forensic computer cxaminer (CFCE), certified information systems security professional (CISSP), encase certified examiner (EnCE), offensive security certified professional (OSCP), offensive security wireless professional (OSWP) and security+ . Additionally, Mr. Nelson holds a B.S. degree, cum laude, in computer science with a specialization in network security and computer forensics from the University of Delaware.

DONALD A. WOCHNA formed the E-Data Law Group, a consortium of experts that design, build, and defend advanced technological solutions to legal challenges in litigation, healthcare, audit, privacy, and security issues. The vision of the E-Data Law Group is to use electronic data to make the practice of law proactive. He obtained one of the first civilian licenses for computer forensic software, and began a business identifying, preserving, extracting, analyzing, and producing electronically stored information, including content, metadata, and artifacts. Mr. Wochna earned his bachelor degree from Cal State Long Beach and his J.D. degree from The Law School, University of Chicago. He has written hundreds of articles related to ediscovery, big data, analytics, and the challenges to the legal profession raised by electronic information systems. His books include E-discovery: Making the Computer Your Best Witness, published by the Ohio State Bar Association; and he is a frequent and lively speaker regarding electronic data issues. Mr. Wochna has testified before the Advisory Committee on amendments to the rules of civil procedure, and has been influential in shaping the process by which large sparse datasets are defensibly searched to produce relevant information without reliance upon agreed-upon search terms.