Description
Learn how to effectively use cellphone evidence at trial and how to avoid issues with authentication.Entities and employees are increasingly utilizing of technology in daytoday business operations both for efficiency and convenience. With modern cellphones and smart devices having the capabilities of computers in the nottoodistant past, data compilation and extraction from these devices is more and more common during litigation. However, cell phones retain a cloud of privacy that other business devices do not, and state and federal laws dealing with cell phone evidence are behind the technology curve. For anyone who has a business, works for an entity (public or private), or who conducts activities by cell phone, this topic will explore the trends in utilizing cell data for litigation, how to get evidence in, how to protect data, and what policies to put in place to minimize the likelihood of costly dataextraction from cell phones. This information would be beneficial to human resources, attorneys, project managers, information technology managers, and of particular interest to those in the energy, natural gas, and critical infrastructure industries, as the use of cell technology in project execution has seen an enormous exposure to cell data used as evidence in litigation.
Date: 2019-11-14 Start Time: End Time:
Learning Objectives
Recent History of Electronic Data
• Expectation of Privacy
• Employer Devices
• Personal Devices
• Use of Cellphones in the Ordinary Course of Work (With Specific Examples)
• Cell Privacy and Warrant Requirements
• Electronic Discovery Post-Federal Rules 2006
• High-Profile Cell Data Cases • Anti-Data Destruction
Utilizing Cellphone Evidence
• Proactive Use • Client-Held Data
• Electronic Signatures Acts • State and Federal
• Data Mining for Chain of Custody
• How to Get Cellphone Date Into Evidence
• Hearsay Issues and Exceptions
• Proactive Use • Opposing Party Data Use
• Legal Hold Notices
• Effective Subpoenas
• Identifying Data Source
• Discovery Conferences
• Federal Rule 26(F) and State-Similar Rules
• Define and Narrow Expectations of Cellphone Data
Issues With Authentication
• Who to Testify and How to Authenticate
• Cross-Examination of Cellphone Experts and Data Forensics
• Self-Authenticating Data
• Government Websites
• Google Earth
• Other GPS
• Used to Be Phone Numbers, Not Anymore (Post-Spam Era)
• American Bar Association • New Rules for Self-Authentication
Recent Decisions Utilizing Cellphone Data
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Beth R. Minear, Esq.-Global Project Solutions Consultants, LLC
