Using Self-Collection Tools to Gather ESI

Ivan Feris
Elan Hersh
Emily Bartkowicz
Ivan Feris | Continental PLLC
Elan Hersh | Akerman LLP
Emily Bartkowicz | Akerman LLP

On-Demand: December 4, 2024

This class is included in the Federal Bar Association CLE Pass

Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

2 hour CLE
Tuition: $195.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I – Social Media in eDiscovery: Risks and Rewards of Automated Self-Collection – Ivan Feris

This program explores the use of automated self-collection tools on social media platforms in eDiscovery and addresses the risks associated with custodian self-collection. Participants will gain practical insights into leveraging internal tools provided by platforms like Facebook, Instagram, and LinkedIn, while understanding the pitfalls of unsupervised self-collection during litigation.

Key topics to be discussed:

  • Self-collection tools on social media platforms
  • Types of data available for collection (posts, messages, metadata, etc.)
  • Output formats: How to extract and present social media data
  • Technical challenges and solutions
  • Integrating social media collections into broader eDiscovery workflows

Session II - Legal Risks in eDiscovery: Custodian Self-Collection and Data Privacy – Elan Hersh and Emily Bartkowicz

This session will delve into the legal implications, practical challenges, and tools involved in data collection for eDiscovery. Participants will explore how to mitigate risks associated with custodian self-collection, manage privacy concerns, and effectively collect data in a cost-effective manner.

Key topics to be discussed:

  • Legal risks of custodian self-collection
  • Failure to preserve evidence
  • Legal implications and case law involving social media evidence in eDiscovery
  • Privacy and data protection concerns
  • Tools & methods for self-collection
  • Cross-border data collection considerations
  • Documenting eDiscovery efforts
  • Practical tips for avoiding sanctions

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Ivan Feris_FedBarIvan Feris | Continental PLLC

Ivan Feris focuses his practice on complex commercial litigation, class action litigation, investigations and white-collar defense. Prior to joining Continental PLLC, Ivan spent time at two different AM Law top 100 firms where he practiced in the areas of class action defense, consumer protection litigation, products liability litigation, antitrust litigation, appellate litigation, white collar defense matters, international arbitration matters, and administrative law matters.

Ivan earned his J.D., magna cum laude, from the Florida International University’s College of Law, where he graduated as salutatorian of his class. While in law school, Ivan served as the Executive Marketing Editor for the FIU Law Review, a member of the Moot Court Board of Appellate Advocacy, and a 1L Representative for the Student Bar Association. During law school, Ivan also interned with the Miami-Dade Public Defender’s Office, assisting lawyers in providing pro bono representation to indigent individuals.

Before law school, Ivan received his B.S. in Criminal Justice, summa cum laude, from Florida International University. Ivan is fluent in Spanish.

 

Elan Hersh_FedBarElan Hersh | Akerman LLP

Elan Hersh is a Partner in Akerman’s Litigation Practice Group and leads Akerman’s eDiscovery Services team. Elan advises clients on electronic discovery (eDiscovery), information governance, litigation readiness and response, cross-border discovery issues, and data privacy. Elan leverages his unique knowledge of the technical and legal dimensions of eDiscovery to advise clients on defensible and cost-effective strategies for data preservation, collection, review, and production, with an emphasis on controlling the scope of discovery and implementing cost-shifting strategies. Elan represents clients in all aspects of eDiscovery throughout the country in both state and federal court and represents foreign corporations who are defending lawsuits in the United States.

 

Emily Bartkowicz_FedBarEmily Bartkowicz | Akerman LLP

Emily Bartkowicz is a 20-year veteran of the legal industry and currently serves as a Litigation Support Manager with Akerman eDiscovery Services. Emily specializes in assisting firm clients and attorneys with a variety of e-discovery and litigation support-related projects, including case management, forensic collection coordination, document collections and document productions. Emily also works with the Director of eDiscovery Services to manage marketing and business development initiatives, technology innovations and financial reporting for the department. Emily is a Certified eDiscovery Specialist, a Registered Paralegal with the Florida Bar, and holds advanced certifications in eDiscovery, Trial Practice, and Discovery from NALA. She also sits on the executive board for Women in eDiscovery and the advisory board for Broward College’s Paralegal Studies program.

Agenda

Session I – Social Media in eDiscovery: Risks and Rewards of Automated Self-Collection | 1:30pm – 2:00pm

  • Self-collection tools on social media platforms
  • Types of data available for collection (posts, messages, metadata, etc.)
  • Output formats: How to extract and present social media data
  • Technical challenges and solutions
  • Integrating social media collections into broader eDiscovery workflows

Session II – Legal Risks in eDiscovery: Custodian Self-Collection and Data Privacy | 2:00pm – 3:40pm

  • Legal risks of custodian self-collection
  • Failure to preserve evidence
  • Legal implications and case law involving social media evidence in eDiscovery

Break | 2:30pm – 2:40pm

  • Privacy and data protection concerns
  • Tools & methods for self-collection
  • Cross-border data collection considerations
  • Documenting eDiscovery efforts
  • Practical tips for avoiding sanctions
Preview
More CLE Webinars
Upcoming CLE Webinars
MBA Essentials for Legal Professionals
MBA Essentials for Legal Professionals Fri, February 7, 2025
Live Webcast
Avoiding the Plaintiff Double Tax
Avoiding the Plaintiff Double Tax Fri, February 7, 2025
Live Webcast
Wedding & Event Vendor Law 101 (2025 Edition)
Wedding & Event Vendor Law 101 (2025 Edition) Wed, February 12, 2025
Live Webcast
Federal Motion Practice: A Comprehensive Approach
Federal Motion Practice: A Comprehensive Approach Wed, February 12, 2025
Live Webcast
Mastering IP Rights and Social Media Strategies
Mastering IP Rights and Social Media Strategies Thu, February 13, 2025
Live Webcast
Family Law 101: From Client Interview to Courtroom
Family Law 101: From Client Interview to Courtroom Thu, February 20, 2025
Live Webcast
Multitasking Mastery: Essential Tips for New Lawyers
Multitasking Mastery: Essential Tips for New Lawyers Thu, February 20, 2025
Live Webcast