Digital Spying in Divorce: Exposing a Spouse's Electronic Snooping or Stalking, Engaging a Digital Forensics Expert
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Wednesday, August 7, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide guidance for divorce practitioners whose clients may be the target of their spouse's surreptitious electronic snooping, spying, or stalking activities. The panel will discuss how these activities can occur, some common signs that a spouse might be engaging in such activity, and how to respond.
Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. He has testified in both federal and state courts on the subjects of computer and smartphone forensics. Mr. Lieb’s practice focuses on maximizing the limited dollars his clients have available for substantive legal work whilst minimizing wasted expense. Hey is committed to providing his expert work on pro bono matters as well as corporate matters.
Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related publications. Mr. Gornbein is the creator and host of the award winning cable television series, Practical Law. He is the creator and host of the You Tube series, Gracefully Greying, with a newly launched website: http.//www.gracefullygreying.com. Mr. Gornbein is the author of the book, Divorce Demystified, Everything You Need to Know Before You File For A Divorce and the coauthor with forensic psychologist, Jack Haynes Phd of the book: Child Custody, A Complete Guide For Parents which is being published in July of 2020.
Ms. Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She is focused on the needs of her clients and aggressively fights for the best outcome. A 1996 graduate of the University of Detroit Mercy School of Law, Ms. Mellin has been practicing family law since 1997. She has years of experience in complex divorce and custody cases that range from amicable to contentious. Ms. Mellin devotes herself to each individual case and gives specific attention to both the present and future needs of each client. Ms. Mellin is a member of the Family Law Section of the State Bar of Michigan and the Michigan Inter-Professional Association, and has served as a past chair and current member of the Oakland County Bar Association Family Court Committee. She has also served on the board of trustees for CARE House of Oakland County. Her dedication to her clients is mirrored in her dedication to her community and she volunteers with the Family Law Assistance Project. Her commitment is also demonstrated by her awards for charitable service and The Certificate of Appreciation from the Women's Survival Center. Additionally, Irika Mellin is well-known in the legal community as a certified domestic relations mediator and arbitrator. She has co-authored with Kristen Robinson the Parenting Time Chapter in the LexisNexis Practice Guide: Michigan Family Law 2016- 2024. She is often asked to be a guest lecturer on family law related matters.
Ms. Robinson received her bachelor's degree from Hope College located in Holland, Michigan. She attended Detroit College of Law (which is now Michigan State University School of Law). Ms. Robinson has the distinction of being a member of the last class to graduate in Detroit where she earned her law degree, with honors, cum laude. She concentrates her practice in domestic relations litigation. Ms. Robinson also has the capability to assist clients who desire to settle their cases on the terms that work for their respective families, rather than allowing the court process to dictate the important decisions in their lives. In addition to representing clients as an advocate, she is a trained neutral mediator, chosen by other lawyers and appointed by the court to assist other parties in settling their family law matters. Ms. Robinson was elected by her peers to the 21-member State Bar of Michigan Family Law Council. The Council works to influence, analyze and advocate for family law-related interests including legislation and court rules. She has served on the Executive Board of the Family Law Council for the past four years and currently serves as the Chair of the Family Law Section of the State Bar of Michigan.
As many activities have moved into the virtual world in the digital age, so too have snooping, surveillance, and stalking of divorcing spouses. There are hundreds of apps and technologies that can aid a spouse who is inclined to electronically stalk, snoop, or spy.
Emails, texts, social media accounts, and the like that a spouse accesses through shared digital connections, accounts, passwords, and apps generally are fair game. Information gained by cyberstalking and accessing information by guessing passwords, hacking, and using spyware generally is not.
Divorce practitioners need to know the signs indicating that a client may be the target of electronic surveillance by a spouse and how to shut down the activity, protect the client, and where necessary, unmask the spouse and obtain and preserve evidence of the activity.
As electronic surveillance activities are facilitated by ever more sophisticated technologies, counsel also need to know when a case presents the need for digital forensics expertise to unmask an anonymous stalker and to uncover, analyze, and preserve digital evidence.
Listen as our panel of legal and digital forensics experts discusses some common electronic surveillance and cyberstalking scenarios in divorce cases and how counsel and clients can best respond.
- Electronic surveillance by a spouse
- Accessing digital connections shared between spouses
- Examples
- Legality and evidentiary issues
- Cyberstalking: hacking and spyware
- How it occurs; devices, applications, and technologies used
- Legality and evidentiary issues
- Accessing digital connections shared between spouses
- Best practices for clients who are the target of electronic surveillance
- Severing shared digital connections
- When to engage a digital forensics expert
- Working with a digital forensics firm
- What to expect
- Case studies/real world examples
- Preserving evidence
The panel will review these and other key issues:
- Common techniques and examples of digital surveillance between divorcing spouses
- Measures a spouse who is the target of anonymous stalking and snooping can take to protect privacy
- When evidence gathered by digital surveillance is admissible--and when it is not
- When to seek help from a digital forensics expert and real life examples of digital forensics in divorce cases
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