Category Archives: Expert Witness

CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

Just because a person installs some software on the neighbor’s computer does not make them a digital forensics expert. And when your client is looking at 30 years in prison, this is not the person you want to retain as the digital forensics expert in your next case.

Digital Forensics

There is a tremendous knowledge gap in our legal system today when it comes to matters involving digital evidence. In our years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury?[1]

Digital forensics is a highly technical field. The expert you select must have the proper investigative and technical background – in addition to being able to understand their place in the legal system. If you need help selecting a digital forensics expert for your next case join Lars Daniel as he covers how to select the best expert, discovery & usage of digital evidence and challenging digital evidence. To access this course please click here: Digital Forensics for Attorneys 102.

Lars also discusses:

  • Computer experts vs. forensic experts
  • Key points to selecting an expert
  • Forensic & non-forensic certifications
  • Forensic tools
  • The expectations of the digital expert
  • The Brad Cooper murder trial
  • Spotting the problem expert
  • United States v. Bryan James Gardner
  • Browser caching
  • Challenging text messages
  • Macrium images

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in California please click the following link: NY CLE.

[1] Excerpt from Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom

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New CLE: Cell Phone Location Evidence for Lawyers

Your client is arrested for robbery. Like everybody that walks into your office, he claims he didn’t do it. He says he was at the park with his kid at the time of the crime. Wisely, you turn to the information stored on his iPhone to show that he was nowhere near the scene of the crime because you can show that his phone was searching for WiFi connections around the houses next to the park.

Cell Phone Location Evidence

Call Detail Records (CDRs) and cell phone location evidence have become crucial evidence in many civil and criminal trials.

In this CLE course, Larry Daniel will teach you how cell phones work and how CDR and location evidence is used in legal cases – from insurance fraud to murder. In addition, Larry will cover tactics on how to locate cell phones and cell phone records and he will show you how to challenge the methods of analysis and the qualifications of persons who will testify about this evidence. To access the course please click here: Cell Phone Location Evidence for Legal Professionals.

These topics are also addressed:

  • How to get CDRs from Verizon, AT&T & Sprint
  • How CDRs are used and what they contain
  • How to generate cell phone location maps
  • Retention
  • Records
  • Prepaid “burner phones”
  • Getting the records
  • Cell phone registration
  • How the phone chooses a tower
  • Sector layout & azimuth
  • Cell tower coverage
  • Cell tower sectors
  • Key case law

Larry Daniel is a digital forensics examiner and cellular records analyst with Envista Forensics. He has testified over 45 times in state and federal courts and is one of the top digital forensic examiners in the U.S., with experience in hundreds of civil and criminal cases involving all types of digital evidence, from computers to black boxes to cell phones.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course: Digital Forensics for Attorneys 101

A wife is murdered in her own home. The husband claims he tried to stop the intruder but the large man over powered him and tied him up to a chair. But the wife’s Fitbit tells a different version of the story than the tale that the husband presents. As the police investigate the case and harness the digital information created by the wife’s Fitbit, it becomes instantly clear that the husband’s story does not match up and he is arrested and charged with murder.

Digital Forensics

Welcome to our brave new electronic world where cameras, cell phones, Fitbits – and even video game systems – are used as crucial evidence in civil and criminal trials.

Digital information and digital forensics has become crucial in many cases – from child pornography to fraud. Learning where to look for the digital evidence and how it can be deployed at trial is crucial in the 21st century practice of law. In Part one of this two part introductory series Lars Daniel mainly covers the various types of digital evidence to consider in your cases, the evolution of digital evidence, what digital forensics encompasses and the acquisition & preservation of digital evidence. Lars also specially addresses harnessing digital information from Google searches, Facebook Chats, “Private” Browsing, Connected Devices, Chrome, Firefox and jump lists. To access the course please click here: Digital Forensics for Attorneys 101.

This CLE course also covers:

  • Our new online lives
  • Digital footprints
  • Digital media in legal cases
  • The four primary areas of digital forensics
  • Sub-disciplines of digital forensics
  • Extracting forensically sound evidence
  • How data is organized and the fragile nature of digital evidence

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course on Forensic Psychological Evaluation Considerations for Criminal and Civil Attorneys

Have you ever had to use a forensic psychologist in one of your legal matters? Forensic psychologists are most commonly licensed psychologists who specialize in applying psychological knowledge to legal matters, both in the criminal and civil arenas.

Forensic Psychology

Forensic psychologists are most commonly licensed psychologists who specialize in applying psychological knowledge to legal matters – both in the criminal and civil arenas.

This CLE course focuses on a primary area of forensic psychology practice: forensic mental health assessment (FMHA). The course also mainly addresses the distinctions between the forensic and therapeutic roles of mental health professionals, and highlight the significant differences in how forensic psychologists approach and conduct evaluations as compared to clinical psychologists, psychiatrists, and psychotherapists. To access the course please click here: Forensic Psychological Evaluations: Considerations for Criminal and Civil Attorneys.

The instructors also provide an overview of the main types of psychological evaluations including:

  • Criminal competencies
  • Criminal responsibility
  • Sentencing mitigation
  • Civil commitment & competencies
  • Personal injury
  • Workers’ compensation
  • Employment discrimination

This course is provided by Daniel Agatino, Ph.D., Esq., a New Jersey-based criminal defense and entertainment/copyright law attorney, and Gianni Pirelli, Ph.D., a licensed psychologist who maintains a private forensic psychology practice in New Jersey.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New or please click the following link: NY CLE.

CLE Course: Intro to Examination of Altered Documents

A client walks into your office in a major panic!  She just got off the phone with the bank… who just told her she doesn’t own her own home.  They have a deed that transfers the property out of her possession – that’s now owned 100% by her ex-husband – and it’s even been recorded by the county recorder. How can you possibly help this client?

Forensic Document Examiners 

  • Forensic document examiners are retained to determine whether a document has been altered.

By reviewing a series of case examples, Mike Wakshull provides an overview of the different types of alterations encountered by document examiners in legal cases and the methods used to detect these alterations. Mike discusses alterations to the following documents: a real estate deed, a birth certificate, a falsified mortgage document, a transfer of property agreement, an employment contract, an altered receipt, a holographic will, an altered PDF and an altered email. To access the course please click here: Introduction to Examination of Altered Documents.

Mike also addresses:

  • How document examiners use Photoshop
  • Examining ink on a document
  • Discovery of cut-and-paste signatures
  • The tools used by document examiners
  • Digital microscopes vs. stereo microscopes
  • Pixilation
  • Examining signatures written on digital tablets
  • Examining word documents
  • The future of forensic document examination

A court-qualified forensic document examiner, Michael N. Wakshull has been involved in the Forensic Document Examination arena since 1983 and belongs to a number of Document Examination Associations.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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TX CLE: New Texas CLE Courses Added

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Our goal at Attorney Credits is to bring you the most current and relevant CLE programming that will make you a better attorney. We try to create about 4-8 new CLE course each month to constantly expand and diversity our CLE library. These are the latest CLE courses that we have added for Texas attorneys:

  • Bankruptcy, Money Laundering and Terrorist Financing
  • Digital Asset Landscape: Preparation for Changes in Legislation
  • Discharging Taxes in Bankruptcy
  • Ethics in Jury Selection
  • Hot Topics and Emerging Trends in Cannabis Litigation
  • Keep Calm and Drone On: Regulation and Liability
  • Obtaining a Green Card Through Marriage
  • Securities Crowdfunding in the Age of Kickstarter
  • The Indian Child Welfare Act
  • Top Tech Tools for Lawyers
  • Will Bias Cost You Your Next Case?

We are constantly working hard to bring you the best CLE courses and the best CLE presenters. We are not limited by geography like many city and state Bar Associations. We bring you the best presenters and CLE content at your fingertips, available at any time of the day or night. For more information about Texas CLE, please click here: TX CLE.

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CLE on Authentication of Handwriting in Legal Cases

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Have you had a case where the authenticity of a signature on a document was at issue?  Cases that involve contracts, wills (even graffiti!!) and other important ‘writings’ often turn on whether it was written by a certain person.  This CLE presentation details the scientific methodology used by forensic handwriting examiners in order to determine the authenticity of handwriting and signatures.

When the veracity of writing is at issue, attorneys frequently turn to an expert – a trained forensic handwriting examiner.

Mike Wakshull of Q9 Consulting provides an excellent introduction to the tools and the trade of the forensic document examiner. In this highly informative presentation Mike teaches the basics of handwriting analysis, describes natural variations in handwriting, explains the forensic document examiners role, highlights case examples where the authenticity of handwriting is at issue and provides an objective framework for handwriting analysis & authentication. To access the course please click here: Authentication of Handwriting in Legal Cases.

Additional topics covered in this CLE course:

  • The Zodiac case
  • Inter-writer variability
  • Intra-writer variability
  • Handwriting identification techniques
  • Reasons for special cause variation
  • 21 key elements for handwriting identification
  • The tools used to examine documents
  • Generally accepted methods of examining documents
  • Handwriting comparison
  • The difference between simulated writing and disguised writing

A court-qualified forensic document examiner, Michael N. Wakshull has been involved in the Forensic Document Examination arena since 1983 and belongs to a number of Document Examination Associations. Mike has been qualified as an expert witness in California Superior Courts and Federal District Court, testifying in cases involving contract disputes, will contests and others. A treasure trove of information, Mike frequently presents to legal groups and associations around the country.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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CLE Course on Attorney Workplace Investigations

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A thorough, effective and ethical internal investigation of an employee workplace complaint can help a company to avoid costly and protracted litigation, and form the foundation for a successful defense in the event that a lawsuit is eventually filed. Unfortunately, missteps are common in internal investigations and these mistakes can expose an employer to costly liability.

Workplace Investigations

Increasingly more employers are finding themselves facing the need to conduct internal workplace investigations as employee retaliation claims soar and the EEOC continues to focus on discrimination complaints.

In this CLE course, attorney & workplace investigator Amy Oppenheimer walks you through the best practices when conducting workplace investigations. She also focuses on how attorneys can recognize and avoid implicit bias and other biases when conducting workplace investigations. To access the course please click here: Attorneys Conducting Workplace Investigations.

Best practices and topics covered:

  • Reasons to conduct an internal investigation
  • The decision to conduct an investigation
  • The choice of investigators
  • Defining the scope of the investigation
  • Investigation planning
  • Communicating with representatives of the employer
  • Confidentiality & privacy
  • Evidence gathering & retention
  • Witness interviews
  • Investigation findings
  • Reports
  • Bias in the workplace
  • Bias in investigations
  • The impacts of investigations

Amy Oppenheimer is an attorney and retired Administrative Law Judge with over thirty years of experience in the field of employment law.[1] Ms. Oppenheimer has trained lawyers, human resource professionals, employees, and employers throughout the country in preventing and investigating workplace harassment, discrimination and retaliation, implicit bias and diversity in the workplace. She is the founder and president of the board of AWI (Association of Workplace Investigators, Inc.) and is an advisor to the executive committee of the labor and employment section of the California State Bar. She is a trial qualified expert on the issue of employment practices in preventing, responding to and investigating workplace harassment or discrimination.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

[1] Emphasizing preventing and responding to workplace harassment and discrimination.

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CLE Course on Conflicts of Interest in an Increasingly Complex World

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In our increasingly complex and intertwined legal and business world, ethically navigating through the conflicts of interest rules can give you headaches and leave you confused and befuddled. Unfortunately, failing to spot or address a potential conflict of interest could even lead to disqualification, disgorgement… or even a malpractice lawsuit.

Attorneys who believe that violations of ethics rules may only be used against them in a disciplinary proceeding are, unfortunately, mistaken. Among the courts that have addressed this issue, the overwhelming majority have held that evidence of an ethics violation is admissible in an action for breach of fiduciary duty or professional negligence.

To learn more about the practical application of the conflicts of interest rules, join attorney Edward J. McIntyre as he shows you how to approach and analyze conflicts of interest by highlighting key ethical issues from a series of recent case examples. The main topics that Mr. McIntyre covers includes ethics & risk mitigation, conflicts between current clients, conflicts in successive representation, conflicts based on an attorney’s personal interests and conflicts based on the receipt of confidential information outside of the attorney-client relationship. To access the course please click here: What Me Worry? Conflicts of Interest in a Multijurisdictional and Increasingly Complex World.

Further topics discussed include:

  • The ABA Conflicts of Interest Rules
  • Model Rules 1.7
  • Model Rule 1.9
  • Model Rule 1.18
  • California Rule of Professional Conduct 3-310
  • Actual vs. potential conflicts
  • Where conflicts arise
  • The standard of care
  • Breach of fiduciary duty
  • The duty of loyalty
  • Conflict checks & advance waivers
  • Informed written consent & written disclosure
  • Possible consequences of rules violations
  • Disqualification vs. discipline
  • Conflicts-check systems
  • Joint/dual representation

A veteran trial attorney, Edward J. McIntyre practices complex business litigation in federal and state courts. An expert on the topic of professional responsibility, he now focuses on advising and representing attorneys on issues of professional responsibility, risk mitigation and professional negligence issues. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course is offered in the following states:

  • Alaska(AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE Course: The Practical Application of the ADA

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The Americans with Disabilities Act (ADA) is a Federal civil rights law designed to ensure equal access, full inclusion and participation for people with disabilities or impairments. This equal opportunity law gives people with disabilities the right to file lawsuits in Federal court and obtain Federal court orders to stop violations of the statute. Since it is estimated that more than 50 million Americans have disabilities, this law can create major headaches and lawsuits for businesses when it comes to complying with the mandates of the statute and avoiding ADA related lawsuits.

The Americans with Disabilities Act (ADA)

  • The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities such as going to see the new Star Wars movie, buying apples at the store, enjoying a steak at Sizzler, taking a dip at the Motel 8 pool or exercising at 24 Hour Fitness.

To learn about how businesses can best achieve compliance with the ADA join Dr. William Henry as he discusses the practical applications of the statute. The main topics discussed include the principle elements of the ADA, practical points for businesses to comply with the requirements of the statute, the ADA as a basis for Personal Injury claims and the forensic architect’s role in litigation. To access this course please click here: The Americans with Disabilities Act: A Practical Application.

Further issues discussed in this CLE course include:

  • Protected classes
  • Title II Public Services
  • Title III public accommodations in private facilities
  • Prioritizing cures
  • Accessible routes
  • Resolving accessibility issues
  • The reality of the ADA today
  • Using the right expert
  • ADA “testers”
  • Defending an ADA suit
  • The defense strategy
  • Buildings completed prior to 1991
  • Personal injury – the unintended grounds
  • Cutting your losses
  • Code violations in Personal Injury cases
  • A forensic architect’s role in premises liability claim
  • Steps to determining premises liability
  • Constructing a timeline
  • Applying code applicability
  • Assessing causality in premises liability claims
  • Depositions & trial testimony
  • The invisible parking lot drop off
  • How to block an access route and the Daubert rules

William Henry, Ph.D., NCARB, is a practicing Florida Architect and the managing member of RGA Design based in Tampa, Florida. Accredited by the National Council of Architectural Registration Boards (NCARB), Dr. Henry also offers his expertise in legal matters relating to design and construction claims. During his 30 year career he has been the architect of record for over 1,000 buildings. Dr. Henry is regularly retained as an expert in personal injury cases, often arising from slip/trip and fall accidents, American Disabilities Act violations, wrongful death & injuries stemming from non-code compliant facilities, Contractor/Architect/Owner disputes and land use regulatory relief. He combines the experience of a professional practitioner and public official with an in-house and contracted team of employees dedicated to investigative research.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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