BarbriSFCourseDetails

Course Details

This CLE course will guide counsel through the processes and mechanics of actually obtaining mobile phone data from mobile phone carriers when one does not have access to the individual device or when it is impractical to forensically analyze each relevant person's phone or device. The program will also offer strategies for obtaining court orders to retrieve devices from third parties and dealing with cloud storage providers. The panel will discuss standards for compelling production and offer practical solutions to recurring problems.

Faculty

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.

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?