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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, August 15, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide litigators on obtaining and using cell phone evidence at trial, from issuing discovery requests to overcoming admissibility issues. Our panel will also discuss the function of expert witnesses in providing evidence on cell phone location, GPS, text messaging, and other commonly used wireless communications features.

Faculty

Charles B. Molster
Founder
The Law Offices of Charles B. Molster III, PLLC

Mr. Molster has extensive experience as a trial lawyer handling complex litigation matters in federal and state courts around the country and has provided extensive outside general counsel services to various corporate and other clients. His broad range of experience includes complex commercial litigation, patent litigation, corporate governance/shareholder advice and litigation, employment advice and litigation, and securities advice and litigation, among others. Mr. Molster regularly conducts CLE programs and other education presentations relating to various legal issues.

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Laurence D. Lieb
Founder & Managing Partner
Tyger Forensics

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.

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Nicole J. Benjamin
Shareholder
Adler Pollock & Sheehan PC

Ms. Benjamin has represented public and private companies in high-stakes litigation in federal and state court. She has defended clients against antitrust, breach of contract, business tort, employment, intellectual property, products liability and toxic tort claims. Ms. Benjamin also has defended class actions and litigated cases involving international law, mergers and acquisitions, securities laws and banking laws. She spearheads the firm’s use of cutting-edge technology to efficiently manage complex litigation from pre-suit to trial.

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Description

Today's mobile phones contain an incredible amount of electronically stored information and play an increasingly important role in civil matters. Understanding how to use this information is critical for litigators.

Obtaining evidence in the first place is often a difficult task. Mobile phone evidence arises in myriad tort cases, usually those involving auto accidents where GPS information comes into play. Litigators must understand how to request and obtain this information to properly prepare their case.

The next question becomes how to use any evidence gathered from the records. Expert witnesses are essential resources to consider. A testifying expert can be the deciding factor supporting motions for discovery and the suppression or inadmissibility of evidence. FRE 902(13) and 902(14) are vital components of the admissibility picture.

Listen as our distinguished panel discusses best practices for requesting, obtaining, and admitting cell phone records that can make or break a case. The panel will also discuss the importance of using an expert witness to interpret complex cell phone records, such as GPS location data, at trial.

Outline

  1. Overview of information commonly stored in cell phones that is useful in litigation
  2. Discussion of how to successfully obtain cell phone records for use at trial
  3. Analysis of admissibility issues with cell phone records and data--including discussion of Rule 902(13) and 902(14)
  4. Use of expert witnesses at trial
  5. Best practices in obtaining and using mobile phone data during litigation

Benefits

The panel will review these and other relevant topics:

  • What types of information are commonly stored in cell phones?
  • How can attorneys successfully obtain cell phone records and data for use at trial?
  • What role do expert witnesses play in the admission or exclusion of mobile phone data as evidence?
  • What are the best practices for attorneys in obtaining and using cell phone data during litigation?