From Pocket to Plaintiff: Guide to Smartphone eDiscovery

· June 21, 2023
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Today 85% of Americans own a smart phone. These devices have become synonymous with daily life in society and serve as the holders of some of our most personal data, from communications through texts, emails or social media, to photographs or geolocations of our homes or favorite bakeries. The concentrated and intimate nature of this information source has made smartphones a critical source of evidence in litigations, for both civil and criminal matters. eDiscovery is the method by which the electronically stored information (ESI) stored on these devices is identified, collected, processed, reviewed, and produced for legal proceedings. This information can provide insights into a party’s actions, intentions, and communications but can become a challenge to process due to the sheer volume of data stored. Further contention can arise when making the distinction between personal and professional use of smartphone devices. This seminar will provide attorneys with an in-depth legal guide to effectively preserving, collecting, and admitting electronic evidence while also maintaining ethical obligations as outlined in the Federal Rules of Civil Procedure and the Federal Rules of Evidence. 

In this CLE webinar, our expert panelists begin by reviewing what eDiscovery and electronically stored evidence are, highlighting the sources of smartphone evidence and the type of data that can collected from smartphones. Next, our speakers review the applicable Federal Rules of Civil Procedure and how they govern the eDiscovery process, as well as how to collect smartphone evidence so that it is admissible in court. Our speakers then discuss the Federal Rules of Evidence and how they should be applied for smartphone evidence, including text messages. Finally, the key requirements for the admissibility of evidence are highlighted and reviewed.  

Topics covered in this webinar include:  

  1. Review of eDiscovery for Smart Phones  
  1. Federal Rules of Civil Procedure  
  1. Federal Rules of Evidence  
  1. Admissibility of Evidence  

Featured Speakers:

  • Daniel B. Garrie, Esq., Founder, Law & Forensics; Neutral, JAMS​, Faculty, Harvard​
  • Paul Kiesel, Partner, Kiesel Law LLP​
  • Jeffrey Rosenfeld, Of Counsel, Blank Rome LLP
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Course Includes

  • 1 Lesson
  • Course Certificate