An Attorney/Digital Forensic Examiner Helps Family Law Practitioners Appreciate the Pros and Cons of Social Media and Smartphone Evidence

Donald A. Wochna, J.D. CCFE, CMEFE
Donald A. Wochna, J.D. CCFE, CMEFE | The Law Firm of Donald Wochna LLC

Mr. Wochna received his BS from California State University, Long Beach and his JD from the University of Chicago Law School.

On-Demand: May 9, 2023
An Attorney/Digital Forensic Examiner Helps Family Law Practitioners Appreciate the Pros and Cons of Social Media and Smartphone Evidence

$195.00 2 hour CLE

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Program Summary

This seminar presents the unique perspective of attorney Donald Wochna, one of a handful of practicing litigators in the United States, who is also, in civil and criminal, state, and federal cases, a testifying expert witness in computer and cell phone forensic examinations. This seminar will help attendees appreciate the tremendous amount of potential evidence that resides upon the electronic devices used by our clients, party opponents, and third party employers, social groups, etc. Attendees will explore the identification of relevant electronic devices in a world in which the evidentiary function of electronic devices is ancillary to their marketed use. “Seeing” the evidentiary devices in a world of functional electronic devices is challenging because the manufacturers of electronic devices do not disclose their functionality; and consequently owners and users of electronic devices rarely understand their potential evidentiary value.

We will also explore the inter-relationships of devices across platforms that permit access to multiple sources of information through the acquisition or analysis of one device. The interdependence and sharing of data across platforms and devices offer attorneys paths to relevant information that were not available as recently as five years ago. Additionally, forensic tools have leveraged this interdependence and now permit accessing information on some smartphones without ever taking possession of the phone or getting in the chain of custody. This has led some attorneys to begin to incorporate defensive and offensive strategies in-house related to preservation of electronic information, analysis of client data, and strategic preparation for divorce, asset identification, and other family law issues.

Key topics to be discussed:

  • Seeing the Witness
  • Analyzing the Data and Strategic Planning
  • Electronic Fresh Start

Date: May 9, 2023

Closed-captioning available

Speakers

Donald A. Wochna, J.D. CCFE, CMEFE_The Law Firm of Donald Wochna LLC_myLawCLEDonald A. Wochna, J.D. CCFE, CMEFE | The Law Firm of Donald Wochna LLC

Mr. Wochna received his BS from California State University, Long Beach and his JD from the University of Chicago Law School. He is one of the founding partners of his firm and a pioneer in the development and application of computer forensics to the practice of law. Mr. Wochna was a trial lawyer for 22 years when he left a private practice in 1999 to focus on computer forensics and the emerging field of digital investigations.

He currently serves as general counsel to his firm and manages its channel partner relationships and provides sophisticated solutions to business issues related to digital investigations, data breach prevention and response, and privacy compliance issues. Mr. Wochna has earned a reputation as an engaging and articulate electronic evidence expert in civil discovery, internal investigations, and criminal defense litigation. He has served as an expert witness in several state and federal court cases and is a widely sought CLE speaker on electronic evidence and the impact on the law and the discovery process of the proliferation of devices that can become “electronic witnesses” in all types of cases. Mr. Wochna has educated attorneys and, through the Ohio Judicial College, provided seminars to Ohio common pleas judges in the area of electronic evidence.

His formidable knowledge relating to the application of computer forensics is illustrated by his critical testimony before the Judicial Conference of the United States on proposed changes to the Rules of Civil Procedure that affect computer forensics and litigators. At a local level, Mr. Wochna has drafted changes to the Ohio Rules of Civil Procedure and is working with the committees of the Ohio State Bar Association to modify these Rules to accommodate discovery of electronically stored information in civil litigation. He is a frequent speaker on topics related to computer forensics and use within litigation.

Agenda

I. Seeing the Witness | 12:00pm – 1:00pm

  1. “Way Of Thinking” About Electronic Devises
  2. Analyze Our Investigation of Facts in A Family Law Matter
  3. Conduct Other Lawful Business Processes as A Useful Knowledge Domain

Break | 1:00pm – 1:10pm

II. Analyzing the Data and Strategic Planning | 1:10pm – 1:40pm

  1. Which Data Can Be Accessed
  2. Explore Some of The Platforms on Which the Data Resides
  3. Analyze The Manner In Which The Challenges To Data Analysis Begin
  4. Explore The Challenges to Analyzing Date When an Intimate Partner Relationship Changes

III. Electronic Fresh Start | 1:40pm – 2:10pm

  1. Discuss the similarities of family law clients seeking shelter from the harmful influence of social media and electronic devices potentially caused by a former trusted partner, to those clients who seek to shelter themselves and loved ones from the harms of social media in general