Dennis I. Wilenchik is the managing partner of Wilenchik & Bartness, P.C. and is a nationally certified civil trial and pre-trial specialist with the National Board of Trial Advocacy, with over 39 years’ experience as an attorney. He represents a select group of clients, including high-profile clients, in the business, real estate, construction, and government sectors.
Ryan Babcock is a trial attorney with The Babcock Law Firm, P.C., in Brunswick, Georgia, representing seriously injured plaintiffs in all types of personal injury matters. He is admitted to practice in Georgia and Ohio, and he has tried cases in state and federal courts throughout the state of Georgia.
On-Demand: July 28, 2022
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Session l - Admissibility of Email and Internet Evidence – Dennis I. Wilenchik
Attorneys have an ethical duty to understand the nuances of preserving, gathering, culling, producing, and presenting electronic evidence at trial. Most information today is electronic. State and federal rules of procedure impose upon parties and their counsel an affirmative duty to identify and store all electronically stored information (“ESI”). The more forms of ESI that an attorney has at trial, the greater the issues related to getting that evidence admitted. This CLE will give you the tools to authenticate ESI and be prepared to overcome objections at trial.
Key topics to be discussed:
Session ll - Challenges and potential problems with admitting email and internet evidence – Ryan Babcock
The presentation will cover the challenges and potential problems with admitting email and internet evidence at trial, including authentication, relevance, foundation, hearsay pitfalls and considerations. We will discuss the strategic implications for timing, preparation, and format of presentation in dealing with those problems before and during trial. We will also discuss practical insights, such as using an order of proof chart to have a checklist of the critical or important evidence for your case in chief as well as your opponent’s case in chief, and planning for unexpected or adverse rulings involving your evidence.
Key topics to be discussed:
This course is co-sponsored with myLawCLE.
Date: July 28, 2022
Closed-captioning available
Dennis I. Wilenchik | Wilenchik & Bartness, P.C.
Dennis I. Wilenchik is the managing partner of Wilenchik & Bartness, P.C. and is a nationally certified civil trial and pre-trial specialist with the National Board of Trial Advocacy, with over 39 years’ experience as an attorney. He represents a select group of clients, including high-profile clients, in the business, real estate, construction, and government sectors. Mr. Wilenchik has tried hundreds of cases in both federal and state court and is licensed in Arizona, the District of Columbia, New York, Texas, the Ninth Circuit Court of Appeals, and the United States Supreme Court.
Prior to forming Wilenchik & Bartness in 1991, Mr. Wilenchik was a senior partner and head of litigation for the 45-lawyer firm, Storey & Ross, that later became the Phoenix office of the international firm of Squire Patton Boggs. After a judicial clerkship at the Supreme Court of Arizona in 1977 with Justice Holohan, he was a judicial assistant for the Presiding Criminal Judge of Maricopa County before joining the Maricopa County Attorney’s Office as a Deputy County Attorney where Mr. Wilenchik was promoted to the Special Operations Division specializing in white collar crime before entering private civil practice in 1980.
Mr. Wilenchik is rated Martindale-Hubbell AV®-Preeminent™, the highest rating available under the Martindale Hubbell rating system, and is listed in the national Bar Register of Preeminent Lawyers. He has been named “Best Trial Lawyer” by Arizona Foothills Magazine, is a member of the State Bar of Arizona, Top Rated Lawyers, Lawyers of Distinction, Rue’s Best Attorneys of America, Arizona’s Finest Lawyers, and The Fellows of the American Bar Association.
Ryan Babcock | The Babcock Law Firm, P.C.
Ryan Babcock is a trial attorney with The Babcock Law Firm, P.C., in Brunswick, Georgia, representing seriously injured plaintiffs in all types of personal injury matters. He is admitted to practice in Georgia and Ohio, and he has tried cases in state and federal courts throughout the state of Georgia. Prior to starting his own law firm, he worked for several years as a law clerk to U.S. District Judge Anthony A. Alaimo, and worked for several years in Atlanta, Georgia, representing corporate defendants in product liability, trucking, premises, and business litigation cases, in cases pending around the country.
Session l – Admissibility of Email and Internet Evidence | 2:00pm – 3:40pm
I. Introduction | 2:00pm – 2:10pm
II. What is ESI? | 2:10pm – 2:20pm
III. Overview of the process of gathering and receiving information | 2:20pm – 2:30pm
IV. Drafting discovery that captures all forms of ESI | 2:30pm – 2:40pm
V. Duty to Preserve | 2:40pm – 2:50pm
VI. Meet and confer re ESI | 2:50pm – 3:00pm
Break | 3:00pm – 3:10pm
VII. Authentication | 3:10pm – 3:15pm
VIII. Admissibility | 3:15pm – 3:25pm
IX. Expert Witnesses | 3:25pm – 3:30pm
X. Sanctions for Failure to Disclose | 3:30pm – 3:40pm
Session ll – Challenges and potential problems with admitting email and internet evidence | 3:40pm – 4:10pm
I. Using offensive motions in limine, bench briefs, and proffers | 3:40pm -3:45pm
II. Knowing your judge and your opposing counsel | 3:45pm -3:55pm
III. Challenges relating to medical records, conversations, and emails | 3:55pm – 4:00pm
IV. Special considerations for email and internet evidence | 4:00pm – 4:10pm