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Social Media, Smartphone Evidence and Texts in Personal Injury Litigation

presented by NBI, Inc.
View the NBI, Inc. Profile and Course Listings


Social Media, Smartphone Evidence and Texts in Personal Injury Litigation

Workshop Description/Agenda

Practical Tools and Tips for Discovery, Evidence Admission and Exclusion

Evidence found on social media or smartphones can serve as ammunition for a plaintiff's personal injury claim - or derail it entirely. Knowing how to get this evidence and get it admitted (or keep damaging evidence out of court) is incredibly important for plaintiffs' and defense lawyers alike. How do your skills stack up? In this focused program, faculty will provide the real-world discovery and evidence insights you need to make the most of your electronic evidence while preventing theirs from destroying the case. Enhance your technical and litigation skills - register today!

  • Know where to go to on social media or smartphones to find evidence of liability and damages.
  • Discover how to find metadata, how to access documents without altering it, and how to detect file alteration.
  • Find out how to collect data from smartphones when hiring an expert is not feasible.
  • Observe ways to successfully request and get records from social media or phone companies.
  • Learn how to authenticate social media and smartphone evidence in order to get it admitted.
  • Apply the rules to specific types of evidence - from texts and calls to internet history, app usage, pictures, postings and more.
  • Explore what you can do to minimize the impact of evidence that is detrimental to your case.
  • Gain practical tips for handling Fitbit, black boxes and other sources of electronic data in personal injury cases.


10:00 am - 5:00 pm Eastern Standard Time

  1. What to Look for and Where to Find it
    10:00 - 10:30, David V. Wilson II
    1. Types of Data, Production Specifications and Formats
    2. Apps and Emerging Technology You Must Know
    3. Finding Evidence on Smartphones, Social Media Sites and More
      1. Evidence of (or Refuting) Liability
      2. Proof Supporting (or Refuting) Damages
    4. Finding and Working with Experts
  2. Preserving Social Media, Smartphone and Text Evidence
    10:30 - 11:00, David V. Wilson II
    1. Advising Clients
    2. How to Save/Store/Archive and Re-Display
      1. Smartphone and Text Evidence
      2. Social Media Evidence
    3. Ways Data Can be Altered and How to Detect Alteration
    4. Metadata: How to Find it and Look Through Documents Without Altering it
    5. What to Do When Deletion or Spoliation Occurs
    6. What Can be Done if an Account's Been Closed or Deleted?
    7. How to Obtain Deleted Information
    8. Case Law Review
  3. Collecting Social Media, Smartphone and Text Evidence
    11:15 - 12:15, Donald K. Schoemaker
    1. Requesting Evidence From Opposing Parties
    2. Do-it-Yourself Collection Techniques
      1. Getting Evidence Off of Smartphones
      2. Collecting Evidence From Social Media Sites
    3. How to Subpoena Records From Phone Carriers and Social Media Companies
    4. Processing, Review and Production
    5. Producing or Scrubbing File Metadata
    6. Using ESI Pre-Trial (Depositions, Motions, etc.)
    7. Case Law Review
    8. Sample Discovery Requests
  4. Authenticating Social Media, Smartphone and Text Evidence: Step-by-Step
    12:15 - 1:15, Dennis F. O'Brien
    1. The Tests for Admission
      1. Relevance
      2. Authenticity
      3. Hearsay
      4. "Best Evidence"
      5. Unfair Prejudice
    2. Does the Evidence Have a Proper Foundation?
    3. Is it Hearsay? Can You Apply an Exception?
    4. Does the Evidence Have Distinctive Characteristics?
    5. Preliminary Determination of Authenticity - Is the Evidence What the Proponent Claims?
    6. Making Electronic Evidence Usable for the Courtroom
    7. Linking the Evidence to the Purported Author
    8. Using Witness Testimony to Your Advantage
    9. Utilizing Expert Witnesses
    10. Authenticating via Metadata, Circumstantial Evidence and More
    11. Case Law Review
  5. Applying Federal Rules to the Authentication of Social Media and Smartphone Evidence
    1:45 - 2:30, Donald K. Schoemaker
    1. Texts
    2. Phone Calls and Voice Messages
    3. Emails
    4. Internet History
    5. App Usage
    6. Audit Logs
    7. Geolocation Data
    8. Images/Photos
    9. Embedded Video
    10. "Chats"
    11. Profile Pages
    12. Postings
    13. Private Messages
    14. Additional Corroborating Evidence
  6. Preventing Damaging Social Media or Smartphone Evidence From Ruining Your Injury Case
    2:30 - 3:00, David V. Wilson II
    1. Pre-Litigation Steps and Defensive Discovery Techniques
    2. Blocking From Admission Into Evidence
    3. Mitigating its Impact - Effective Arguments
  7. Fitbit, Black Box Data, GPS Devices, Video and More: Real-World How-to's
    3:15 - 4:00, Dennis F. O'Brien
    1. Preserving Evidence
    2. Obtaining (via Self-Collection and From Other Parties)
    3. Responding to Requests and Producing
    4. Authenticating
    5. Case Law Review
  8. Legal Ethics
    4:00 - 5:00, David V. Wilson II
    1. Technological Competence
    2. Duty to Preserve
    3. Duty to Cooperate and Dealing with Adversarial Discovery
    4. Ethically Mining Social Media
    5. Protecting Privileged and Confidential Information
    6. Handling Inadvertent Disclosures (Sender vs. Receiver)

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Personal Injury

Training Course Summary: Social Media, Smartphone Evidence and Texts in Personal Injury Litigation

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