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Cellphone Evidence at Trial: A Survey of the Accelerating Frequency of Cellphone Data

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 day-to-day business operations both for efficiency and convenience. With modern cellphones and smart devices having the capabilities of computers in the not-too-distant 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 data-extraction 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.

88 minutes
Certificate of Completion
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Why Lorman?

Over 34 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

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 StateSimilar 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 (PostSpam Era)
    • American Bar Association New Rules for SelfAuthentication

Recent Decisions Utilizing Cellphone Data

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Why Lorman?

Over 34 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 14, 2019.

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.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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 34 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

Beth R. Minear, Esq.

Beth R. Minear, Esq.

Global Project Solutions Consultants, LLC

  • Founder of Minear Law Offices, PLLC and Global Project Solutions Consultants, LLC, woman-owned businesses
  • Service to the energy, utility, and critical infrastructure industries as trusted attorney and consultant for more than 20 years
  • First chair trial attorney in state and federal courts of multiple states, utilizing emerging and novel evidence to educate juries, courts, and other triers of fact
  • Areas of expertise are route selection and project siting, land acquisition planning, stakeholder engagement and outreach messaging, regulatory compliance, and encroachment remediation and asset protection of critical infrastructure protection
  • Advises clients on eminent domain strategies in each state, regulatory matters including electronic discovery, FERC Order 1000 for the electric industry and PHMSA compliance for natural gas
  • J.D. degree, Capital University Law School; studied at St. Anne’s College, University of Oxford
  • Can be contacted at [email protected]
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Why Lorman?

Over 34 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.

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Product ID: 405810
Published 2019
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