Learn about unusual assets, like cryptocurrency, and how clients can own, title, and transfer them, along with related cybersecurity concerns. This course also covers electronic wills and issues related to remote witnessing, remote notarization, and custody of electronic documents.
Discovery is key to effective representation in divorce cases. Learn about the document production required at the initial stages of a divorce case and the evidentiary value of recorded conversations, text messages, Facebook messages, emails and other communications.
Learn best practices for handling various types of evidence in family law cases. From start to finish, this course offers crucial insights into essential principles of evidence in the context of a family law case, including the rule against hearsay, common foundational issues at trial, authenticating digital evidence, the preservation of evidence, and perspectives from judges in a multitude of Illinois jurisdictions on how to handle evidence issues in the courtroom.
Helpful demonstrations by experienced litigators will increase your ability to get evidence (even the digital kind!) admitted. With a practical, step-by-step approach, you'll learn why and how to lay proper evidentiary foundations, how to respond to objections, and how to preserve your record if foundational objections are sustained. In addition, state and federal court judges share their perspectives on best practices and biggest challenges.
Step-by-step instruction for laying foundations for modern types of evidence, including: emails; voicemails and voice memos; media recovered from cell phones, computers, and the Internet; Internet web addresses; automated video recordings; Internet Protocol (IP) addresses; text and SMS messages; social media posts (Facebook, Twitter, messaging applications); computer-generated animations and videos.
Learn how to obtain and admit social media and and other electronic data as evidence in an employment law case. Understand a wide range of discovery-related topics, including collecting evidence from apps, working with metadata in litigation, subpoenaing social media companies, using archive features, and more.
Learn how to avoid potential ethical traps in researching social media profiles to uncover investigative/background information about parties, witnesses, experts, jurors, etc., and, in some cases, to use this information as evidence. This program reviews pertinent ethics opinions issued by the ABA and bar associations in many jurisdictions; discusses relevant caselaw; reviews detailed guidelines for social media research issued by the New York State Bar’s Commercial and Federal Litigation Section; and ties them into the ABA Model Rules of Professional Conduct. The program will also explore: Who's your "friend?" Could "friending" violate the deception or ex parte communication ethical rules? Is it ethical to research the social media profiles of parties and witnesses during discovery or trial? Is it ethical to research the social media profiles of potential jurors before trial or seated jurors during trial? Could advising clients to delete, deactivate, or adjust privacy settings on their social networking accounts lead to an ethical violation or spoliation charge against you? How to configure security/privacy settings in your own profile to avoid ethical breaches. The seminar is partially based on the speakers' 55-page Social Media chapter from their book, "The Cybersleuth's Guide to the Internet."