Category Archives: Litigation

New CLE On Social Media Spying & Tracking Spouses in Divorce Cases

You’re away on business and before you head off to bed you text your wife “good night honey, don’t let the bed bugs bite.” The next day your wife gets a call from Corky’s Pest Control offering their services to help with your bed bug problem. Yes, Big Brother is watching… and listening… and tracking. But it’s not just the government and companies – your soon-to-be ex-spouse could be hacking your emails, stalking you on Facebook or sticking a GPS tracking device on your SUV.

Divorce & Social Media Spying

Social Media spying has become a major issue in contentious divorce cases.

In this CLE course, veteran Family Law attorney Henry Gornbein will teach you about electronic spying and tracking in divorce cases. He will mainly address: potential liabilities for spousal tracking, social media use during divorce, Federal laws against spying, the use of technology to spy on spouses  and using social media evidence & ESI. To access the course please click here: Social Media and Beyond: Electronic Spying and Tracking Spouses in Divorce Cases.

Also covered:

  • Invasion of privacy
  • Laws regarding unauthorized computer access
  • Stalking & harassment statutes
  • Counseling clients on social media use before & during the divorce
  • Social media as a tool and a weapon
  • The Federal Wiretap Act
    Attorney vicarious liability
  • The Stored Communications Act
  • The Electronic Communications Privacy Act
  • The First Amendment
  • GPS tracking
  • iPhone apps for divorce lawyers & clients
  • Spyware
  • Unauthorized computer access
  • Telephone issues
  • Six issues with Facebook evidence
  • Admissibility of surveillance evidence
  • Federal Rules of Evidence 104, 901 & 902
  • Authentication of social media posts
  • Tips for getting evidence admitted

Henry Gornbein practices in all areas of Michigan family law including divorce, child custody, parenting time, child support, spousal support, prenuptial and postnuptial agreements, interstate custody issues, domicile issues, as well as mediation and arbitration of all family law matters. In addition, he has a Television show, is associated with “Divorce Source Radio” and writes for the Huffington Post.

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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New CLE on Cell Phone Forensics for Attorneys

With billions of cell phones and apps out there, the amount of ESI generated by cell phones is overwhelming to many legal professionals. So overwhelming that many attorneys simply ignore smart phones, the best source of evidence because it tracks the user’s life.

Cell Phone Forensics & Electronically Stored Evidence (ESI)

We get it – you are an attorney not a computer genius. But if you are ignoring evidence on smart phones and apps in your cases, you are ignoring a virtual treasure trove of electronic information that can greatly benefit your client at trial.

In this CLE program, highly-rated instructor Lars Daniel will use case examples from his digital forensics practice to highlight the proper way to forensically acquire cell phone evidence. Lars will mainly discuss the collection, acquisition, analysis and examination of electronic evidence on smartphones and challenging the evidence. To access the course please click here: Cell Phone Forensics for Legal Professionals.

Lars also address the following topics:

  • “Thumb forensics” by first responders
  • Logical & file systems
  • Deleted & destroyed data
  • Manual examinations
  • Google Maps & network
  • User accounts
  • Internet searches & history
  • Call logs
  • SMS & MMS messaging
  • Installed apps
  • Power events
  • The user dictionary
  • Google is watching & listening
  • Timelines
  • Affidavit highlights
  • Video verification
  • Fakes messages are real
  • A spoofing (fake texts) case example

A digital forensics expert, Lars Daniel 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, among other case types.

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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New CLE on eDiscovery Fundamentals

Despite the increased importance of eDiscovery in today’s legal world many attorneys still don’t even know the basics… what’s ESI??? How do you respond to a litigation hold? What are native files?

What is ESI??

If you’re a trial attorney and you don’t know what ESI is… then you need to take this CLE course!

In today’s electronic world, being prepared to properly respond to eDiscovery demands can make or break your client’s case – and your litigation budget. In this CLE course Alex Marjanovic and Greg Mahoney show you the most efficient way to respond to eDiscovery by discussing the key terms you need to know to get results, litigation holds and the three primary methods that firms are currently handling e-discovery. To access the course please click here: eDiscovery Fundamentals.

Three Primary eDiscovery Methods

Alex and Greg also review the three primary eDiscovery methods and  provides a cost benefit analysis and the potential for sanctions with each of the three methods (1) Review on your computer (2) Review hard copy of ESI and (3) Review in database. The analysis of the three methods is conducted with the use of a sample data set that could be found in any litigation matter today.

Alex Marjanovic is the Managing Partner of Sales at Epiq, a national and international provider of electronic discovery services, with responsibility over the Southwestern States of the U.S. He has had extensive experience with electronic and paper-based discovery and related litigation production/discovery matters over the past 14 years. Greg Mahoney is the Director of Legal Solutions at Epiq Global. He collaborates with law firms, government agencies and corporations throughout the eDiscovery process.

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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New CLE: The Role of Trial Lawyers in Protecting the Public

When a company equips 11 million of its cars with software to cheat federal emissions tests and standards. When a former star athlete takes his own life at 43 due to a traumatic brain injury suffered while playing in the NFL. And when a terrorist group rams two planes filled with gas into the World Trade Center and into heart of New York City and America – trial lawyers are there to protect the public and our Democracy.

Trial Lawyers Protect Our Democracy 

Many in positions of power do not like the scrutiny that litigation brings. These powerful interests seek to close the doors of the justice system to the public. They want to dismantle a legal system that is the envy of the world.– David S. Casey

A renowned trial lawyer who has tried hundreds of high profile cases and class actions, David Casey has been at the forefront of the fight to protect the public for over the last forty  years. In this CLE course, David highlights the infamous cases he has litigated and the trial bar’s role in protecting the public and democracy. To access the course click here: The Role of Trial Lawyers in Protecting the Public.

David will discuss:

  • The Exxon Valdez litigation
  • Tobacco litigation
  • Wells Fargo’s collateral protection insurance litigation
  • Apple litigation regarding slowing phone speeds
  • CTE & the NFL
  • Tony Gwynn & smokeless tobacco
  • The Battling Bastards of Bataan
  • The September 11 Victim Compensation Fund

A third generation attorney, he joined his late father David S. Casey Sr.’s firm in 1976, after working as a prosecutor for the San Diego City Attorney’s office. With dozens of high profile verdicts and settlements achieved over a nearly 40-year legal career, he is well on his way to attaining his father’s – who tried more than 700 jury trials – legendary status.

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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New CLE on Property Damage & Homeowners Insurance

Many of us have achieved the one of the pinnacles of the American dream, owning our own home. However, even though it’s the most expensive purchase many of us will make, quite a few attorneys and clients fail to understand the basics of the document that protects their investment – their homeowners insurance policy.

Floods, Wildfires and Hurricanes

In 2017, from floods to fires there were 16 related weather disasters that exceeded $1 billion each and the damage from Hurricane Harvey will exceed $125 billion.

In this CLE course, attorney Evan Walker will walk you through the basics of understanding homeowners insurance policies and coverage. He will mainly cover the following topics: the declarations page & definitions, coverages, exclusions, endorsements and first & third party claims disputes. To access the course please click here: Burnt, Smashed, or Broken: Property Damage and Homeowners Insurance.

Evan will also discuss coverage & coverage limits

  • Coverage A – D
  • How to read the policy
  • The definitions of the insured & insured property
  • The issue of being underinsured
  • Due diligence to make sure that you have adequate insurance
  • Depreciation
  • Additional living expenses
  • Named perils
  • The burden of proof
  • Scope of coverage
  • Riders
  • Contract-driven disputes
  • Tort claims against third parties
  • Subrogation

After evacuating from New Orleans to Houston, Evan W. Walker graduated in 2008 as part of the ‘Hurricane Katrina Class.’ After graduation, Evan worked for a New Orleans insurance defense firm. He opened his own firm in 2014 to represent people after years of defending insurance companies.

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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New CLE: Age Bias Against Younger & Older Attorneys

There are many CLE programs that discuss bias in the legal profession – but many of these programs focus on bias based on race or sex. There are very few programs that tackle the growing issue of age bias in law firms. And it’s not just older attorneys that are being discriminated against because of their age, “millennial” attorneys also face bias in the legal workplace.

Lawyers: Overcoming Age Bias

Andie and Al also provide you with advice and techniques you can use to avoid or overcome bias against other and in your own professional capacity.

In this CLE course Andie and Al help you to understand the stereotypes surrounding younger and older lawyers and the biases that result from these stereotypes. Andie and Al will mainly discuss how age discrimination manifests in the legal profession, unconscious stereotypes, what law firms & legal organizations can do and what you can do to overcome your own biases. To access the course please click here: Ending the Discriminatory Consequences of Age Bias in the Legal Profession.

These topics will also be covered:

  • The Age Discrimination in Employment Act (ADEA)
  • Age discrimination before & after Gross v. FBL Fin. Svcs. Inc.
  • Mandatory retirement
  • Clear evidence of age bias
  • The daunting problem for older & younger female attorneys
  • Younger lawyers
  • Stereotypes & scripts
  • The ABA Mission Statement
  • ABA Model Rule 8.4(g)

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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 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 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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New CLE: Tell Your Client’s Winning Story

There’s always a greater story hidden behind the rigid surface of your client. As a trial lawyer, it’s your job to be able to find this story, to craft it and then to awaken the jury to your client’s greater story.

Tell the Winning Story

When you’re facing the jury, you’re a storyteller whether you like it or not. The question is, how good is that story? Is it dead or alive?

In this CLE course, Juliard’s graduate Jesse Wilson will show you how to present your client’s winning story to the jury while avoiding the victim trap. Jesse will mainly discuss how to avoid telling the whining story, building a strong human connection with the jury, putting your client’s story before the jury and understanding the role of story & conflict at trial. To access the course please click here: The Winning vs. Whining Story: How to Transform Your Client from Victim to Victor.

Additional topics addressed include:

  • Embracing & thriving in an uncomfortable courtroom
  • Avoiding talking about your client like a victim
  • Tapping into emotional evidence
  • Breaking through your client’s rough exterior
  • Crafting the theme of your case
  • But I don’t love my client
  • Reframing the definition of conflict
  • What make a great story
  • Focusing on conflict
  • Using monologue to understand your client’s experiences

Born and raised in Los Angeles – almost underneath the iconic Hollywood sign – Jesse Wilson is the CEO and Founder of Tell The Winning Story, a communications effectiveness program that helps attorneys step into their true communications power through the raw power of the theater. He works with attorneys throughout the country to tell their client’s winning story.

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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Litigating a Slip and Fall Case Against the City: Crumbling Sidewalks & Ruptured Breast Implants

A potential client walks into your office. She was walking down the street to her doctor’s appointment from her condo when she got her toe caught in the uneven sidewalk and fell hard on her chest. Because her arms were outstretched as she fell, her breast implants ruptured when she hit the cement. Does this person have a claim against the city?<br><br>

Slip & Fall Claim Against the City of San Diego 

Brett Schreiber tried this exact case. His client, the wife of the disgraced former mayor, was awarded $85,000 in damages against the city.

In this CLE course Brett will mainly address how to bring tort claims against a government entity and the fine points of litigating the case, with in in-depth discussion of jury instructions and strategic considerations. To access the course please click here: Slip and Fall: Crumbling Sidewalks and Ruptured Breast Implants.

Brett also discusses:

  • Filing your governmental claim
  • Minors & incompetents
  • What the claim must state
  • Pleading with particularity
  • Accrual
  • Identifying statutory grounds
  • Additional elements
  • Pitfalls
  • Investigation
  • Using Google Street View to find to access pictures of past conditions
  • Establishing notice of the dangerous conditions
  • Voir dire

Brett Schreiber’s practice includes mass torts, personal injury, medical malpractice and condemnation law. Brett is a young lawyer who has begun to distinguish himself as one of the next generation of legal leaders. In 2009 he earned recognition as one of San Diego’s Top Attorneys, perhaps the youngest person to do so. He is slated to be the youngest President in the history of the Consumer Attorneys of San Diego.

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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