Presentation Topics Include:
Cellphone Forensics: Applications in Discovery and Investigations
Cellphones represent one of the fastest-changing areas of legal practice. Mobile device evidence is more important than ever, thanks to the rapid evolution of the technology and the way this evidence is treated by the courts. Touching on important recent cases, technology developments, and ArcherHall direct experience advising attorneys, this presentation provides up-to-date guidance on the application of cellphone forensics in litigation, investigations, and other legal matters.
Ethical Duties and Electronically Stored Information
This Continuing Legal Education presentation covers electronic discovery and the related ethical duty of competence. Drawing on guidance from the State Bar, recent e-discovery cases, and our own experience assisting attorneys, the presentation outlines the main risks to counsel and client of failing to properly understand e-discovery obligations in litigation.
Collecting and Understanding Electronic Medical Records in Litigation
Electronic Medical Records (EMR) are governed by a strict regulatory framework, but they contain remarkably detailed information that is important in a wide variety of cases from malpractice to fraud to criminal prosecution. This data is frequently produced in paper or PDF reports, leaving much of the potentially relevant data behind. This presentation discusses the types of information that are contained in EMR systems and how to approach discovery requests to comply with the law and avoid missing responsive data. Using examples from actual cases, many of which our experts worked on directly, we discuss the ways parties withhold, modify, or obfuscate electronic medical record data, and how to ensure it is all collected or produced.
Identification and Preservation of Electronically Stored Information
Electronically stored information (ESI) in litigation has changed significantly in recent years. Once almost exclusively digitized paper records and email archives, the varieties of ESI have multiplied exponentially. Similarly, the locations where ESI are stored are more numerous than ever, including mobile, cloud, and IoT. The result is a complex effort to find and collect relevant data in whatever location or format it is stored. This presentation covers these technical topics from the perspective of the legal practitioner, highlighting the key factors an attorney should consider to ensure that all relevant data has been identified and preserved.
How to Find and Use Location Information in Litigation
Determining the location of an individual at a specific point in time can make or break a case. Lawyers have used location data to put defendants at the scene of a murder, place a driver at the scene of a crash, or even show a doctor was not in the hospital during a critical procedure. This presentation provides guidance to know what location data is available, where to find it, how to use it, and the law that governs it. We will provide real-world examples of location data and discuss its use and misuse in trial.
Search and Seizure in the Digital Realm
From Jones to Riley to Carpenter, the Supreme Court has changed the landscape of 4th and 5th Amendment law in the digital realm. This CLE will explore the effects of these landmark cases and identify areas of further challenges for the defense. Attendees will learn about how courts are applying the 4th and 5th Amendments to new forms of digital evidence and will learn to spot potential Constitutional Issues involving digital devices.
Preservation Letters: Identifying Data Sources
Admissibility and Use of Digital Evidence at Trial
Digital Evidence in Intellectual Property Theft Cases
Hosted Review for Mid-Sized and Small Law Firms
Hosted review platforms (such as Relativity) are no longer just for large law firms. These tools are more affordable and easier to use than ever. Hosted review software allows litigators to efficiently search, review, and tag documents without much technical knowledge. This presentation provides an introduction to hosted review platforms and demonstrates how powerful they can be for any size case. This activity is approved by the State Bar for 1 hour of credit towards the Minimum Continuing Legal Education requirements.
Digital Forensics: Ethical Implications of Electronic Data in Criminal Cases
Digital evidence is ubiquitous in criminal cases, but the technological issues related to it can be complex. The obligation of non-technical attorneys to carefully evaluate and make decisions regarding the digital evidence in their cases creates a critical ethical challenge. This Continuing Legal Education presentation covers digital forensics, the ethical duty of competence, and clients’ right to effective assistance of counsel. Drawing on guidance from the courts, recent cases, and our own experience assisting attorneys, the presentation outlines the main risks to counsel and client of failing to properly understand digital forensics in criminal matters.
An Ounce of Prevention: Reducing Litigation Through Proactive Data Remediation
Employers worry frequently about theft of IP or trade secrets with departing employees, but often don’t give the same attention to these issues for incoming employees. Savvy employment attorneys have recognized that addressing these risks proactively through data remediation can be a cost-effective way to avoid or limit litigation. This presentation describes legal, technical, and practical solutions that attorneys can use to limit their clients’ exposure when hiring from competitors.
Frequently Asked Questions:
1. How do your remote CLE presentations work?
Participants can easily access the live presentation online and state bar forms will be given.
2. How do we attend?
Once scheduled, each attendee will receive a link that will take the user directly to the webinar. No external programs or downloads needed.
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4. Who are the presenters?
5. How long are the presentations?
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7. Why are you doing this for free?
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