Obtaining Mobile Phone Evidence Without the Individual Device: Discovery Solutions

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, July 15, 2025
- 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 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

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.

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.
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?
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