Host a free State Bar-approved MCLE lunch for your firm!
MCLE 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.
FOR CRIMINAL ATTORNEYS
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.
Cellphone Forensics: Applications in Discovery and Investigations (Criminal)
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 ArcheHall direct experience advising attorneys, this presentation provides up-to-date guidance on the application of cellphone forensics in litigation, investigations, and other legal matters.
EMPLOYMENT LAW – EMPLOYER SIDE
#MeToo: Workplace Investigations in the Modern Era
Changes in work environments, social norms, and technology all intersect to make workplace investigations more complicated than ever. This presentation examines the latest challenges facing attorneys, HR professionals, and executives as they handle harassment, discrimination, misconduct, and other serious workplace problems; problems which can manifest themselves in completely new ways. The proliferation of communication channels, the prevalence of bring-your-own-device policies, and the blurred line between public and private online activity are causing new categories of workplace problems to appear frequently. Similarly, rapidly changing social norms and new research about the nature of bias have introduced more complexity—and risk—to workplace investigations.
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.
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