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Live Webinar

90-minute live streaming program
  • November 14
  • 1:00 - 2:30 pm EST

Cellphone Evidence at Trial: A survey of the accelerating frequency of cellphone data

November 14

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.

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Why Lorman?

Over 32 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 32 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

Live Webinar Registration

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • FL CLE 2.0 (Pending)
     
  • This course has been submitted to The Florida Bar for 2.0 hours of CLE credit. Application pending.
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IA CLE 1.5
     
  • Cellphone Evidence at Trial: A survey of the accelerating frequency of cellphone data is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
     
  • KS CLE 1.5
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours.
     
  • LA CLE 1.5
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MN CLE 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5 (Pending)
     
  • ND CLE 1.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit.
     
  • NE CLE 1.5
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE 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.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours. Please note that in order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks.
     
  • OK CLE 2.0 including Ethics 0
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 0.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 including practical skills 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including practical skills for 1.50 hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • TX MCLE 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • NALA 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s).
     

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

Who should attend?

This live webinar is is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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More Program Information

Why Lorman?

Over 32 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 32 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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