Electronic Evidence: Self-Collection, Discovery and Subpoenas

Put Your Knowledge Into Real-World Practice

The best evidence in your case may already be in your client's hands, the opposing party's, or in the possession of a third party. Regardless of who has it, you need it, and you need to handle it in a way that eliminates any questions of authenticity. This program will show you how to use discovery tools and how to get evidence off of electronic devices that are in your possession. Build your electronic discovery skills - register today!

• See how the latest rules and case law impact your e-discovery strategy.
• Understand the different types of data, where it's stored, and what the best production formats are.
• Reduce objections and other issues with finely tuned discovery requests.
• Learn how to get evidence off of smartphones, emails, the internet, and other sources of ESI.
• Discover how to minimize pushback when using subpoenas to collect social media records.

Agenda

All times are shown in Eastern time.

1. Rules and Case Law Roundup
   10:00 - 10:30, Daniel M. Schiavetta
2. Discovery Requests and Responses
   10:30 - 11:00, Daniel M. Schiavetta
   1. Types of Data, Storage, Production Specifications and Formats
   2. Preservation of Evidence/Spoliation Letters
   3. Discovery Requests - Best Practices and Tips
   4. Checking Overreaching Discovery Requests
   5. Producing Electronic Evidence - Do's and Don'ts
3. Collecting & Authenticating Computer, Email, Internet and Social Media Evidence
   11:00 - 11:45, Daniel M. Schiavetta
   1. Obtaining Evidence from PCs and Tablets, Flash Drives and External Hard Drives, Cloud Storage
   2. Collecting Email Evidence
   3. Cookies and Web History
   4. Getting Internet Evidence
   5. Facebook, TikTok, Twitter, Snapchat, LinkedIn, Instagram and More: Handy How-to's
   6. Where to Find Deleted Internet Evidence
   7. Authenticating Emails, Social Media Posts and More
4. Retrieving Evidence From "Smart" Devices: Smartphones, Smartwatches and More
   12:00 - 12:45, Daniel M. Schiavetta
   1. What to Look for, Where to Find it
   2. Text, Instant Message and Voice Messages
   3. Collecting Evidence on Apps
   4. Collecting Audio and Video
   5. Geo Tagging
   6. Finding Evidence of a Secret or Hidden Device
   7. Using Apps to Collect Evidence
   8. Retrieving Deleted Data and Messages
   9. Authenticating Text Messages and Other Smart Device Content
5. How to Subpoena Phone, Social Media and Other Records (w/Samples)
   12:45 - 1:15, Daniel M. Schiavetta
   1. Top 5 Reasons Why ESI Subpoenas Get Quashed
   2. When to Request, What to Request and What You'll Receive
   3. In-State vs. Out-of-State Subpoenas
   4. Using Subpoenas for Social Media Records
   5. Issuing Subpoenas to Websites or Parent Companies
   6. Subpoenaing Phone Records
   7. Managing Nonproduction and Cost Issues