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Admissibility of Email and Internet Evidence

presented by Lorman Education Services
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Summary

Admissibility of Email and Internet Evidence

Workshop Description/Agenda

Benefits
Make sure your evidence doesn't get thrown out learn how to successfully admit email and internet evidence at trial. The internet made its debut in the 1970s, and electronic information has since found its way into the courtroom. Digital evidence has transformed the way attorneys, judges, and juries conduct discovery, find truth, and engage within the legal field. Attorneys have an ethical duty to understand the technical aspects of gathering, preserving, producing, and presenting electronically stored information (ESI) at trialespecially when an increasing amount of client information is stored digitally. State and federal rules of civil procedure impose upon litigants an obligation to identify, preserve, and produce that information to the opposing side. Discovery issues are often present, throughout any given case, the outcome of which may be dependent upon a proper understanding of digitally and electronically stored information. Attorneys can gain a case advantage by securing information not previously available, including hundreds of social networking applications, private chat room logs, emails, texts, blogs, photographs, online materials, videos, voicemail messages, cloudbased filesharing, and material within document storage sites. With this knowledge, an attorney can confidently make specific and complete requests when conducting discovery and providing disclosure because every possible source has been assessed, searched, and uncovered. Once uncovered, it is the attorney's duty to ensure that the evidence is authentic, can be traced, and that the metadata shows the originality of the document presented. Collecting evidenceeven in civil litigation casesrequires you to think forensically. The information in this material will give you the essential tools required to understand, gather, produce, and review ESI. You will achieve this readiness by gaining a solid understanding of what ESI is and how to masterfully tackle issues related to its authenticity and by overcoming objections to admissibility at trial.

Agenda
Overview

What Is ESI? Including Those Sources and Types Often Overlooked

Overview of the Process of Gathering and Receiving ESI Information

Spoliation-Duty to Preserve and Maintain

Sanctions for Failure to Disclose

Meet and Confer Re ESI

Authentication

Admissibility

Expert Witnesses

Privilege and ESI

Faculty
Dennis I. Wilenchik from Wilenchik & Bartness PC

Credits
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.

Who Should Attend

This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.

Additional Information

Training Provider: Lorman Education Services

Course Topics: Law Training > Legal Research/Writing

Training Course Summary: Admissibility of Email and Internet Evidence


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On-Demand Webinar Details

Recorded on 11/20/2017