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OnDemand Course

Admissibility of Email and Internet Evidence

Make sure your evidence doesn't get thrown out - learn how to successfully admit email and internet evidence at trial.

The Internet made its debut in the 1970s, and electronic information has since found its way into the courtroom. Digital evidence has transformed the way attorneys, judges, and juries conduct discovery, find truth, and engage within the legal field. Attorneys have an ethical duty to understand the technical aspects of gathering, preserving, producing, and presenting electronically stored information (ESI) at trial, especially when an increasing amount of client information is stored digitally. State and federal rules of civil procedure impose upon litigants an obligation to identify, preserve, and produce that information to the opposing side. Discovery issues are often present, throughout any given case, the outcome of which may be dependent upon a proper understanding of digitally and ESI. Attorneys can gain a case advantage by securing information not previously available, including hundreds of social networking applications, private chat room logs, emails, texts, blogs, photographs, online materials, videos, voicemail messages, cloud-based file-sharing, and material within document storage sites. With this knowledge, an attorney can confidently make specific and complete requests when conducting discovery and providing disclosure because every possible source has been assessed, searched, and uncovered. Once uncovered, it is the attorney's duty to ensure that the evidence is authentic, can be traced, and that the metadata shows the originality of the data presented. Collecting evidence, even in civil litigation cases, requires you to think forensically. This information will give you the essential tools required to understand, gather, produce, and review ESI. You will achieve this readiness by gaining a solid understanding of ESI and how to masterfully tackle issues related to its authenticity and by overcoming objections to admissibility at trial.

85 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is ESI? Including Sources and Types Often Overlooked

Overview of the Process of Gathering and Receiving ESI Information

Spoliation-Duty to Preserve and Maintain

Sanctions for Failure to Disclose

Meet and Confer Regarding ESI

Authentication

Admissibility

Expert Witnesses

Privilege and ESI

Judges' Views on Various Ways of Handling ESI

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on September 22, 2020.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Dennis I. Wilenchik, Esq.

Dennis I. Wilenchik, Esq.

Wilenchik & Bartness, P.C.

  • Managing partner at Wilenchik & Bartness, P.C., Phoenix, Arizona, established in 1991
  • Represents a select group of clients, including high-profile clients, in business, real estate, construction, and government
  • Nationally certified civil trial and pre-trial specialist with the National Board of Trial Advocacy, with more than 40 years of experience as an attorney
  • Tried hundreds of cases in both federal and state court
  • Recent seminars include the Admissibility of Email and Internet Evidence the Safe Harbor Provisions for Electronically Stored Information (ESI) and the New ESI Factors Under the Arizona Rules of Civil Procedure
  • Achieved the highest rating with the Martindale-Hubbell® law directory and is listed in the national Bar Register of Preeminent Lawyers
  • Named ‘Best Trial Lawyer’ by Arizona Foothills Magazine, rated as a Super Lawyer by Super Lawyers, is a member of Arizona’s Top-Rated Lawyers, Lawyers of Distinction, Rue’s Best Attorneys of America, Arizona’s Finest Lawyers, and The Fellows of the American Bar Association
  • Licensed in Arizona, the District of Columbia, New York, Texas, the Ninth Circuit Court of Appeals, and the United States Supreme Court
  • J.D. degree, South Texas College of Law; B.A. degree, magna cum laude, Brooklyn College of the City University of New York
  • Can be contacted at [email protected], [email protected], or 602-606-2810
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 407875
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