Modern Trial Skills: How to Lay a Foundation, Avoid Hearsay, and Get Business Records, Social Media, and other ESI Into Evidence at Trial (2025 Edition)

Nicholas Schneider
Nicholas Schneider | Eckert Seamans Cherin & Mellott, LLC

Mr. Schneider focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions.

On-Demand: February 7, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This program provides a deep dive into the essential trial skills needed to successfully admit various forms of evidence. Participants will gain a clear understanding of the foundational elements required for evidence admission and learn practical techniques for avoiding hearsay pitfalls.

The session will also focus on the complexities of introducing modern digital evidence, such as business records, social media, and other electronically stored information (ESI), with practical examples and strategies for overcoming common challenges. Attendees will leave equipped with actionable insights to strengthen their evidentiary presentations and navigate modern trial scenarios effectively.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Laying the Foundation for Evidence Admission
  • Navigating the Rule Against Hearsay
  • Admitting Business Records into Evidence
  • Presenting Social Media Evidence in Court
  • Admitting Electronically Stored Information (ESI)
  • Trial Strategies for Modern Evidence

Closed-captioning available

Speakers

Nicholas J. Schneider_FedBarNicholas Schneider | Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider is a trial attorney with the national law firm Eckert Seamans. Mr. Schneider focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions. He has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations.

In a recent three-week trial in Massachusetts Superior Court, Mr. Schneider obtained a million-dollar judgment for his client, including an award of attorney’s fees, which was recently upheld on appeal. He earned his B.A. degree, cum laude, from Northeastern University and his J.D. degree from Georgetown University Law Center.

Agenda

I. Laying the Foundation for Evidence Admission | 1:00pm – 1:20pm

II. Navigating the Rule Against Hearsay | 1:20pm – 1:40pm

III. Admitting Business Records into Evidence | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Presenting Social Media Evidence in Court | 2:10pm – 2:25pm

V. Admitting Electronically Stored Information (ESI) | 2:25pm – 2:50pm

VI. Trial Strategies for Modern Evidence | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Approved for CLE Credits
2 General

All courses accredited in Utah must include both ethics credits.
Virginia

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved for CLE Credits
2 Law & Legal

Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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