Agenda / Content Covered

1. Legal Ethics of Social Media and ESI
   9:00 - 10:00, Cari L. Sheehan
   
   1. Social Media Ethics
   2. Attorney E-Discovery Competency
   3. Data Confidentiality
   4. Spoliation: Ethical Issues
   5. Inadvertent Disclosure of Documents: Sender vs. Receiver
2. Rules and Resources You Need to Know
   10:15 - 11:00, Stephanie Boxell and Amy Grewal Dunn
   
   1. Types of Data, Storage, Production Specifications and Formats
   2. Privacy, Privilege Laws and Case Law
   3. Applying the Discovery Rules to ESI
   4. Data Collection Software
   5. Predictive Coding/Technology Assisted Review
   6. When and How to Use Computer Forensics Specialists
   7. Preserving and Protecting Electronic Evidence
   8. Tips for Detecting Alteration or Destruction of ESI
3. Collecting Social Media Account Content
   11:00 - 12:00, Jon Noyes and W. Kent Winingham
   
   1. Social Media Sites You Must Know
   2. What to Look for and Where to Find it
   3. Social Media Discovery
   4. Downloading Social Media Content
   5. Archive Features
   6. What to Do if an Account's Been Deactivated or Deleted
   7. Facebook, Twitter, LinkedIn, Instagram and More: Handy How-to's and Screenshots
   8. Authenticating Social Media Postings
4. Obtaining Computer, Email and Internet Evidence
   1:00 - 2:00, Tianna Dowden and Helen Geib
   
   1. Obtaining Evidence From PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage, Webmail
   2. Data Mapping Basics
   3. Custodian Interviews and Questionnaires
   4. Collection Basics and Common Roadblocks
   5. Filtering Strategies
   6. Gathering, Reviewing and Producing Email
   7. Collecting Internet Evidence
   8. Obtaining and Using Deleted Internet Evidence
   9. Authenticating Electronic Evidence
5. Retrieving Evidence From Smartphones
   2:00 - 2:45, Tianna Dowden and Helen Geib
   
   1. What to Look for, Where to Find it
   2. Text, Instant Message and Voice Messages
   3. Other Mobile Data Types
   4. Collection Basics and Common Roadblocks
   5. Retrieving Deleted Data and Messages
   6. Obtaining Evidence From Backups
   7. Spoliation Risks
   8. BYOD and Privacy Issues
6. Metadata: Using, Scrubbing, Producing
   3:00 - 3:45, Stephanie Boxell and Amy Grewal Dunn
   
7. Subpoenaing Social Media, Phone Records and More (w/Samples)
   3:45 - 4:30, Jon Noyes and W. Kent Winingham
   
   1. When to Request, What to Request and What You'll Receive
   2. In-State vs. Out-of-State Subpoenas
   3. Issuing Subpoenas to Websites or Parent Companies
   4. Using Subpoenas for Social Media Records
   5. Subpoenaing Phone Records
   6. Using Subpoenas to Gather Other Records
   7. Managing Nonproduction and Cost Issues

STEPHANIE BOXELL is an attorney at Faegre Baker Daniels LLP, and a member of the firm’s business litigation practice group, as well as the ERISA litigation and public sector finance & transaction sub-groups. She has experience in a wide variety of complex business disputes in federal and state courts, representing commercial and public clients, individuals, and benefit plans and plan fiduciaries pursuing and defending constitutional claims under the Indiana and United States constitutions; contract, statutory, and shareholder claims; and ERISA disputes, including those related to employee pension and welfare plans, ESOPs, severance plans and equity awards, qualified domestic relations orders, and multi-employer pension plans. Ms. Boxell also maintains a regular pro bono practice. She is a board member of IndyBar’s eDiscovery Committee. Ms. Boxell earned her J.D. degree, summa cum laude, from Indiana University Robert H. McKinney School of Law. She received degrees in biology and political science from Indiana University, Bloomington.

TIANNA DOWDEN is the director of client technology solutions at Faegre Baker Daniels LLP, where she consults with attorneys on project management, data collection and management, and technology throughout the litigation process. She oversees the delivery of projects and appropriately supervised legal services to ensure quality, consistency, cost-effectiveness and efficiency of e-discovery, litigation support, document review and trial support services throughout the firm. Ms. Dowden and her department promote technology-driven strategies, professional expertise and advanced analytics to most effectively manage litigation, investigations and regulatory compliance in collaboration with the firm’s legal teams. She is a certified e-discovery specialist. Ms. Dowden holds certifications in ITIL V3 Foundation, kCura, Legal Lean Six Sigma White Belt Certification, Lexis Nexis and Discover-e Legal. She is the assistant director of Women in eDiscovery. Ms. Dowden received her B.A. degree from Indiana University - Purdue University.

AMY GREWAL DUNN is an attorney at Faegre Baker Daniels LLP, and a member of the firm’s business litigation practice group and privacy & cybersecurity sub-group. She represents clients in commercial, product liability, insurance, and consumer litigation. As a member of the firm’s privacy and cybersecurity team, Ms. Dunn works closely with clients from various industries to evaluate their notification and reporting obligations under applicable privacy laws and regulations, both domestic and international. She also helps corporate clients prepare for and respond to privacy and cybersecurity-related incidents. Ms. Dunn earned her J.D. degree, cum laude, from Indiana University Robert H. McKinney School of Law. She received a bachelor’s degree in communications from the University of Texas at San Antonio.

HELEN GEIB is general counsel for QDiscovery. Her deep knowledge of eDiscovery law and practice was gained over many years of experience, first as a litigator in an Am Law 100 firm and subsequently as an eDiscovery consultant. Ms. Geib has published numerous articles on topics in eDiscovery and legal technology for a wide variety of publications, including Legaltech News, JD Supra, The Indiana Lawyer and Inside Counsel. She obtained her B.A. degree in physics from Drew University and her J.D. degree from The John Marshall Law School. Ms. Geib is a member of the Indiana State Bar Association and the U.S. District Court for the Southern District of Indiana, and is a registered patent attorney. She is a member of the Indianapolis Bar Association and serves as chapter director of the Women in eDiscovery Indianapolis chapter, which she launched in 2017.

JON NOYES is a personal injury attorney with Wilson Kehoe Winingham in Indianapolis, Indiana. He earned his B.A. degree from Millikin University and his J.D. degree, cum laude, from Indiana University - Robert H. McKinney School of Law.

CARI L. SHEEHAN is of counsel in Barnes & Thornburg LLP's Indianapolis office and is a member of the litigation department. Ms. Sheehan serves as professional responsibility counsel to the firm and focuses on various legal ethics and professional responsibility matters. Prior to joining Barnes & Thornburg LLP, Ms. Sheehan worked on a wide variety of litigation matters, including Title IX litigation, employment discrimination, bullying and school litigation, complex torts, civil rights litigation, police misconduct, medical malpractice, personal injury, wrongful death claims and criminal issues. She has represented clients in state and federal courts in Indiana and Illinois. Ms. Sheehan is admitted to practice in Indiana and Illinois. She also is admitted to practice in the U.S. District Court for the Northern and Southern districts of Indiana, U.S. District Court for the Northern and Southern districts of Illinois, U.S. District Court for the Eastern District of Michigan, U.S. Bankruptcy Court for the Southern District of Indiana and Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. Ms. Sheehan is a member of the Indiana State Bar Association, Indianapolis Bar Association, and the Saint Thomas More Legal Society. She earned her B.A. degree, cum laude, from the University of Southern Indiana and her J.D. degree, magna cum laude, from the Indiana University Robert H. McKinney School of Law.

W. KENT WININGHAM is an attorney at Wilson Kehoe Winingham. Mr. Winingham earned his J.D. degree from Loyola University Chicago School of Law in 2015. Following law school, he practiced in Chicago, Illinois in the area of nursing home neglect and abuse for two years before returning to Indianapolis in April of 2017. Mr. Winingham focuses his practice in Indiana in the area of personal injury, medical malpractice, and nursing home neglect and abuse. He was named a Super Lawyers Rising Star for 2019, as well as one of 15 Up and Coming Lawyers in Indiana Lawyer’s 2019 Leadership in Law class.