Obtaining Mobile Phone Evidence Without the Individual Device: Discovery Solutions
A live 90-minute CLE video webinar with interactive Q&A
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.
- Overview of information commonly stored in cell phones that is useful in litigation
- What is possession, control, custody over data and mobile devices
- Subpoenas and court orders for cell phone records
- Recurring issues
- 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?
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
Ms. Benjamin has represented public and private companies in high-stakes litigation in federal and state court. She has defended clients against antitrust, breach of contract, business tort, employment, intellectual property, products liability and toxic tort claims. Ms. Benjamin also has defended class actions and litigated cases involving international law, mergers and acquisitions, securities laws and banking laws. She spearheads the firm’s use of cutting-edge technology to efficiently manage complex litigation from pre-suit to trial.Close
Laurence D. Lieb, CCPA, CASA, COSFE, CBE, FEXE
Founder & Managing Partner
Mr. Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. ... | Read More
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.Close
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
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.Close