Legal Series: Internet and E-Mail: Admissibility Issues of Electronic Evidence at Trial Explored
As many transactions that were once the domain of written paper material are now done online, there is no wonder that electronic evidence of all forms (i.e., social media posts, email, and blogs) are increasingly becoming part of present-day litigation. While the case law in this area is still developing, the basic rules of evidence still apply and can present evidentiary challenges for litigators using electronic evidence, especially that found online.Join us in a two-hour LIVE webcast as our panel of litigators explores admissibility issues of internet, email and other electronic evidence at trial. In addition to guiding principles for authentication, hearsay and relevance, speakers will also discuss ethical implications and will offer best practices.
- The best way to ensure getting evidence admitted is to obtain it properly and, ideally, through discovery. That will solve many of the authentication issues, among others.
- Ethically, only publicly available information is fair game – neither the attorney nor anyone working on their behalf can obtain information informally that is not public, e.g., by friending the other party/witness
- Electronic evidence, including email, social media, etc., is discoverable just as any other evidence – there is no expectation of privacy in social media (or email) and so a party cannot avoid production of its/his/her information on that basis; however, relevance, burden and prejudice are all possible arguments to use.
- Email service providers do not have to produce a subscriber’s email in discovery. This has been applied to social media, at least to the portion that is like email – at least last time I checked, no rulings yet on wall posts, etc. Regardless, it is still easier to obtain even things like wall posts either directly from the party or with their permission from the service provider, since otherwise you will likely face a fight from the service provider.
- With respect to authentication, if you don’t get the information directly from the individual along with a stipulation or admission that she/he wrote whatever evidence it is, you are likely to face an authentication challenge, which may be difficult to overcome depending up on the circumstances.
- The usual rules of evidence apply in the hearsay analysis for electronic evidence as with anything else.
Who Should Attend:
- General Counsel
Nicole D. Galli is a partner with the Benesch’s Intellectual Property Practice Group. She focuses her practice on complex commercial litigation, including intellectual property litigation, and intellectual property counseling. Ms. Galli has litigated patent and patent licensing, trademark, copyright, trade secret, false advertising, consumer fraud, unfair competition, antitrust and general commercial matters and counsels clients in various aspects of intellectual property. She has handled matters for clients in a variety of industries including medical devices, software, consumer electronics, automotive, energy, hospitality, food and beverage, construction, manufacturing and health care. Ms. Galli’s clients range from small start-up companies to the largest national and international companies. She has also represented a number of cultural institutions and other non-profits. Ms. Galli regularly counsels clients in the emerging area of social media, where the issues that arise can overlap a number legal disciplines, as well as raise entirely new issues not yet addressed by existing law.
Nicole D. Galli is a partner with the Benesch’s Intellectual Property Practice Group. She focuses her practice on complex commercial …
John J. Jablonski is the chair of Goldberg Segalla’s E-Discovery Practice Group, a co-chair of the firm’s Cyber Risk and Social Media Practice Group, and a frequent author and lecturer on electronic discovery issues. He focuses his practice on complex e-discovery issues, including admissibility challenges related to electronic evidence, best practices and rules regarding records retention, compliance with evolving regulatory requirements, data breaches and other forms of cyber liability, and legal holds. He was a principal author of the amicus brief filed by Lawyers for Civil Justice in Voom HD Holdings v. Echostar Satellite, one of the most significant e-discovery cases in New York. Mr. Jablonski is the national chair of the electronic discovery section of the Defense Research Institute.
John J. Jablonski is the chair of Goldberg Segalla’s E-Discovery Practice Group, a co-chair of the firm’s Cyber Risk and …
Zachary represents public and private companies, national banking associations, commercial lenders, leasing companies, and hedge funds in business litigation throughout the United States. His practice focuses on Banking Litigation (enforcing multimillion dollar credit facilities on behalf of national and regional banks and institutional and specialty lenders, securing provisional remedies, and defending lender liability litigation); Commercial Litigation (litigating contract disputes, commercial insurance claims, aircraft lease disputes, unfair competition and restrictive covenants, bankruptcy disputes and judgment enforcement); Fiduciary Litigation (contested accountings, Prudent Investor Act claims, and breach of fiduciary duty claims); and Art and Antique Litigation (national and international reacquisition of lost or stolen art, repossessions and liquidations and disputes regarding valuations, fraudulent auctions, consignor-lender issues and lien priority).
Zachary represents public and private companies, national banking associations, commercial lenders, leasing companies, and hedge funds in business litigation throughout …
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Method of Presentation:
On-demand Webcast (CLE)
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About Benesch, Friedlander, Coplan & Aronoff LLP
Benesch is a full-service business law firm with offices in Cleveland, Columbus, Indianapolis, Philadelphia, Shanghai, White Plains and Wilmington. Benesch is dedicated to building a deep understanding of our clients, their businesses and their industries. The firm services national and international clients that include public and private, middle market and emerging companies as well as private equity funds, entrepreneurs, non-profit organizations, trusts and estates. Some of the industries the firm concentrates in include Private Equity, Banking, China, Health Care, Polymers, Transportation & Logistics, Shale Oil & Gas, Energy & Natural Resources and Construction. Benesch also has a cross-practice Social Media Law Group that is well versed in the issues businesses face in the new world of social media including Employment, e-Discovery, Intellectual Property, Privacy, Regulatory and Litigation.
About Goldberg Segalla LLP
Goldberg Segalla is more than 150 lawyers strong, with 11 offices across the northeastern United States (spanning New York, New Jersey, Pennsylvania, and Connecticut) and in Europe (in London, where it operates as Goldberg Segalla Global LLP). The firm counsels and protects the interests of regional, national, and international clients, including Fortune 100 companies, in a wide range of industries. Its attorneys handle all forms of dispute resolution and provide proactive counsel that helps clients minimize and manage risk in a broad array of areas.The firm has been recognized by its clients and peers — as well as The National Law Journal, LexisNexis, the Claims and Litigation Management Alliance, Reinsurance magazine, and others — for its forward-thinking approach to client service as well as reliability, innovation, growth, and prominence in key practices and industries. To learn more, visit www.GoldbergSegalla.com.
About Hahn & Hessen LLP
Since its founding in 1931, Hahn & Hessen has been committed to maintaining a mid-sized practice with world-class sophistication, focusing on finance, debt and commercial businesses. That remains our mission today. The firm consistently develops innovative and practical legal solutions for complex financial transactions. Our attorneys represent leading market participants in all aspects of banking, corporate finance, securities transactions, commercial litigation and alternative dispute resolution, acquisitions, investments and real estate transactions. The firm’s history and the long-standing commitment of our many institutional and business clients are a testament to our success.As part of our debt-oriented practice, Hahn & Hessen has a nationallyrecognized, award winning practice representing creditors’ and equity committees, financial institutions, trustees and other financial market participants in workouts, restructurings and bankruptcy proceedings.To complement our finance focus, the firm has a thriving general corporate and litigation practice involving the representation of business entities and high-worth individuals in such diverse matters as mergers and acquisitions, divestitures, joint ventures, trust and fiduciary litigation, insurance coverage, employment-related and commercial oriented disputes. We are proud of our tradition of producing legal strategies and creative transaction structures in a cost-effective manner to meet our clients’ needs.