Obtaining Mobile Phone Evidence Without the Individual Device: Discovery Solutions

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, July 7, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 4/28/2022!)

or call 1-800-926-7926

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.


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.



  1. Overview of information commonly stored in cell phones that is useful in litigation
  2. What is possession, control, custody over data and mobile devices
  3. Subpoenas and court orders for cell phone records
  4. Recurring issues
  5. Admissibility issues with cell phone records and data (including discussion of Rule 902(13) and 902(14)


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? How can counsel address lost devices, changed numbers, sealed records, and personal privacy issues?
  • Which states' privacy rules apply?


Benjamin, Nicole
Nicole J. Benjamin

Adler Pollock & Sheehan

Ms. Benjamin has represented public and private companies in high-stakes litigation in federal and state court. She has...  |  Read More

Lieb, Laurence
Laurence D. Lieb, CCPA, CASA, COSFE, CBE, FEXE

Founder & Managing Partner
Tyger Forensics

Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. ...  |  Read More

Molster, Charles
Charles B. Molster, III

The Law Offices of Charles B. Molster III

Mr. Molster has extensive experience as a trial lawyer handling complex litigation matters in federal and state courts...  |  Read More

Attend on July 7

Cannot Attend July 7?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video