NBI CLE: Facebook, Twitter, Instagram, Email, and Smartphone Evidence (Florida)

E-discovery

Special thanks to National Business Institute (NBI) for hosting this 2-day CLE seminar in Fort Lauderdale, Florida.

You can find the seminar information (and download the audio) here.

My topics included:

  • Apps and Emerging Technology You Must Know
  • Preserving Electronic Evidence and Avoiding Spoliation
  • Social Media Cases
  • Metadata Made Simple

You can download my presentation here.

The sample preservation demand letter is here (it will download automatically).  Compare to the President Trump preservation demand, here.

The various social media articles you can download here.

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …

Privacy
Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

Ethics
Florida Supreme Court Allows Judges to be Facebook Friends With Lawyers But Four Justices Disagree With the Practice (“I write to strongly urge judges not to participate in Facebook”)

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge.  The Court deemed its position was the majority position around the country.  However, four justices noted that caution, if …