Unlocking Legal Insights: Navigating Smartphone eDiscovery
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.
Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.
LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.
Of Counsel | Blank Rome LLP
Jeffrey Rosenfeld’s practice focuses on litigation involving corporate governance, entertainment, intellectual property, and bankruptcy. His clients include officers and directors of businesses in the technology, finance, and homebuilding industries, as well as actors, musicians, producers, authors, and other creative talent. Jeffrey also represents high-profile individuals and businesses facing cybersecurity and personal security threats. Jeffrey is involved in all aspects of litigation and alternative dispute resolution, from factual investigations, depositions and expert witness preparation through summary judgment and trial. He incorporates the strategic use of e-discovery, and co-authored a chapter in an e-discovery treatise on the use of special masters in litigation. Jeffrey has been repeatedly listed in Super Lawyers as a Southern California “Rising Star.” He is also a member of Phi Beta Kappa.
Kiesel Law LLP – Partner
Paul Kiesel is highly active in the legal community. He served as the president of the Los Angeles County Bar Association for 2015-2016 and as the past Chair of the Litigation Section. He was appointed by former Chief Justice Ronald George to the State of California Judicial Council Civil and Small Claims Advisory Committee. Additionally, he served on the Board of Governors for the Consumer Attorneys of California and the Consumer Attorneys Association of Los Angeles for over 25 years. In recognition of his service, Mr. Kiesel was elected as an emeritus (lifetime) board member of both organizations. From 2001-2005, he sat on the Board of Governors of the Association of Business Trial Lawyers. Currently, Mr. Kiesel serves as the Co-Chair of the Open Courts Coalition, a bipartisan committee of attorneys from throughout California advocating for full-funding of the civil justice system. Members of the Open Courts Coalition include Niall McCarthy, president of the Consumer Attorneys of California, the Honorable Carlos Moreno, former Governors Gray Davis and George Deukmejian, Los Angeles Mayor Antonio Villaraigosa, and former California Attorney General John VanDekamp. Recently, Mr. Kiesel was named a Senior Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, dedicated to promoting superior advocacy, professionalism, and ethical standards in the legal profession. Currently, Paul Kiesel represents many individuals and their families in significant personal injury and wrongful death cases. Among his many clients, he represented former Governor Gray Davis in a challenge to the qualification of the 2003 recall election. Mr. Kiesel also currently represents numerous municipalities, including the City of Los Angeles, in a class action on behalf of all cities in the State of California for payment of occupancy taxes owed by the online travel industry.
