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Description
Evidence from mobile phones, such as call logs and location data, and evidence from social media sites, such as Twitter, Instagram, Facebook, Reddit, and YouTube, can be invaluable and relevant evidence. Not everyone, however, may be willing to share such evidence, have access to it, be available, or even locatable. The data, however, almost certainly exists.
Counsel must know more than where to view such evidence online. They must know how to actually obtain this evidence in a usable form and in a way that makes it admissible in court.
Attorneys must know how to make the strong showing necessary to persuade reluctant judges to allow discovery of personal devices. Court involvement is often required to get data from the source.
Listen as this experienced group of litigators discusses the processes and mechanics of obtaining mobile phone and application data from mobile phone carriers or other application creators.
Presented By
Ms. Cole represents large and small businesses, financial institutions, and individuals in virtually all aspects of federal and state court commercial litigation, arbitration and mediation, and before federal agencies and regulatory bodies. In addition to advising on electronic data and cyber-related issues, Ms. Cole has considerable experience in all areas of complex litigation including contract claims, product liability claims, tort claims, consumer class-action claims and securities class-action claims.
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. 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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, July 15, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Overview of information commonly stored in cell phones that is useful in litigation
II. What is possession, control, custody over data and mobile devices
III. Subpoenas and court orders for cell phone records
IV. Recurring issues
V. Admissibility issues with cell phone records and data (including discussion of Rule 902(13) and 902(14)
Benefits
The panel will discuss these and other crucial issues:
- What is possession, control, and custody over data and mobile devices?
- What if the data involves shared or collaborative app data?
- What information and arguments are most persuasive to judges in motions to obtain data?
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