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Digital and Electronic Evidence in Divorce and Family Law: How to Find, Secure, and Utilize Forensic Experts

Examines federal laws governing electronic surveillance, digital evidence authentication, and privacy protections in divorce and family law cases.

2025-04-25 14:00:00

Program Details

2025-04-25 14:00:00

Program Details

2025-04-25 14:00:00

Over 1,000+ webinars

2025-04-25 14:00:00

Course Overview

Navigating Digital Evidence in Family Law

2025-04-25 14:00:00

Participants will learn to identify, preserve, and authenticate electronic evidence while avoiding legal pitfalls. These skills enable attorneys to protect clients and present compelling digital evidence in divorce proceedings.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Federal Statutes
The Wiretap Act and Stored Communications Act govern accessing electronic communications.
02
Social Media
Social networking platforms have major impact on divorce and custody cases.
03
Surveillance Technology
GPS trackers, spyware, and recording devices have specific legal restrictions.
04
Evidence Authentication
Electronic evidence requires proper foundation, relevance, and hearsay consideration for admissibility.
05
E-Discovery
Identifying, collecting, and producing electronically stored information requires preservation protocols.
06
Attorney Ethics
Attorneys must verify evidence sources and avoid presenting illegally obtained information.

Program schedule

clock 2:00 pm - 2:10 pm EST

Federal and State Laws Governing Electronic Communications

This session explores the critical federal statutes governing electronic evidence in family law, including the Computer Fraud and Abuse Act, Electronic Communications Privacy Act, Wiretap Act, and Stored Communications Act. Participants will learn about authorization issues, penalties for violations, and civil torts related to illegal surveillance in divorce proceedings.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 2:10 pm - 2:20 pm EST

Social Media's Impact on Divorce and Custody

Examine how social networking platforms significantly affect divorce and custody cases, from evidentiary concerns to non-disparagement clauses. Learn best practices for advising clients about social media use during litigation, including privacy settings and the dangers of posting during pending cases.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 2:20 pm - 2:30 pm EST

Surveillance Technology Types and Legal Boundaries

Survey the various forms of technology used for surveillance including GPS trackers, Air Tags, spyware, nanny cams, and drones. Understand the legal implications of each technology type and how ownership interests affect legality of use.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 2:30 pm - 2:40 pm EST

Detecting and Preventing Spyware in Divorce Cases

Learn common spyware methods discovered in forensic investigations, from email forwarding schemes to commercial applications like mSpy. Discover best practices for detecting surveillance at case onset and protecting client communications from interception.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 2:40 pm - 2:50 pm EST

Unauthorized Access and Exceeding Authorization Limits

Explore the critical distinction between authorized and unauthorized access to digital information, even on jointly-owned devices. The Leon Walker case provides a cautionary example of how accessing a spouse’s email can lead to criminal charges and devastating consequences.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 2:50 pm - 3:00 pm EST

Recording Laws: One-Party vs Two-Party Consent

Understand the crucial differences between one-party and two-party consent states when recording phone conversations. Learn the absolute prohibition against recording conversations when not present as a participant.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 3:10 pm - 3:20 pm EST

Categories of Electronic Evidence in Family Law

Review the comprehensive range of electronic evidence relevant to divorce cases, including email accounts, social media, text messages, and digital records. Understand how the shift to paperless systems makes e-discovery increasingly critical in family law matters.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 3:20 pm - 3:30 pm EST

Authenticating and Admitting Digital Evidence in Court

Master the foundation and authentication requirements for electronic evidence under federal rules, including the five hurdles established in Lorraine v. Markel. Learn practical techniques for authenticating social media posts and text messages through witness testimony.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 3:30 pm - 3:40 pm EST

E-Discovery Process and Preservation Best Practices

Examine the process of identifying, collecting, and producing electronically stored information in divorce proceedings. Learn essential steps including preservation notices, restraining orders, and understanding that illegally obtained information cannot be introduced.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 3:40 pm - 3:50 pm EST

Forensic Evidence Collection and Chain of Custody

Understand the forensic expert process for locating and securing electronic evidence, from defining relevant time periods to evidence mapping. Learn critical preservation techniques including write blocker technology and maintaining proper chain of custody documentation.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 3:50 pm - 4:00 pm EST

Subpoenas for Webcam and Surveillance Evidence

Explore the legal boundaries for webcam surveillance in different areas of the home and disclosure requirements. Examine case examples demonstrating how surveillance evidence can impact custody determinations and the importance of advising clients about discretion.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
clock 4:00 pm - 4:10 pm EST

Obtaining Cell Phone and Text Message Records

Learn what information cell phone carriers record about calls and text messages, including cell tower location data. Discover techniques for identifying anonymous harassers through carrier records requests and subscriber information subpoenas.

Henry S. GornbeinHenry S. Gornbein
Kristen L. RobinsonKristen L. Robinson
Irika MellinIrika Mellin
Laurence D. LiebLaurence D. Lieb
Henry S. Gornbein

Henry S. Gornbein

Lipson Neilson, P.C.

Kristen L. Robinson

Kristen L. Robinson

Mellin Robinson, P.C.

Irika Mellin

Irika Mellin

Mellin Robinson, P.C.

Laurence D. Lieb

Laurence D. Lieb

Tyger Forensics, LLC

Henry S. Gornbein

Henry S. Gornbein

Lipson Neilson, P.C.

Mr. Gornbein has dedicated his career to matrimonial law, focusing on areas such as divorce, child custody, pre-and postnuptial agreements, and paternity. He is also committed to collaborative law and often serves as a mediator and arbitrator in domestic relations matters.

Recognition & Leadership

Oakland County Bar Association Professionalism Award recipient. Host of the award-winning cable television show Practical Law, which has received three Philo Awards. Author of Divorce Demystified: Everything You Need to Know Before You File for Divorce and coauthor of Child Custody: A Complete Guide for Parents. Contributor to Huffington Post and Divorce Magazine.

Professional Involvement

President of the Michigan Inter-Professional Association on Marriage, Divorce, and the Family (MIPA). Active member of the Family Law Sections of the American and Oakland County Bar Associations. Creator of familylawformichigan.com and gracefullygreying.com. Creator of the video podcast series Gracefully Greying. Served on the boards of Catholic Social Services of Oakland County and Jewish Family Services of Oakland County. Founding member and past president of The Sanctuary.

Experience

Served as chair of the Family Law Section and as a member of the Representative Assembly of the State Bar of Michigan. Fellow of the International Academy of Matrimonial Lawyers and the American Academy of Matrimonial Lawyers (AAML). Led the Michigan chapter of the AAML and contributed as chair of its national Long-Range Planning Committee.
Kristen L. Robinson

Kristen L. Robinson

Mellin Robinson, P.C.

Kristen L. Robinson concentrates her practice in domestic relations litigation and assists clients who desire to settle their cases on terms that work for their families. She is a trained neutral mediator, chosen by other lawyers and appointed by the court to assist parties in settling family law matters.

Education & Credentials

Bachelor's degree from Hope College in Holland, Michigan. Law degree with honors, cum laude, from Detroit College of Law (now Michigan State University School of Law).

Professional Involvement

Member of the State Bar of Michigan Family Law Council. Serves on the Executive Board of the Family Law Council.

Experience

Elected by peers to the 21-member State Bar of Michigan Family Law Council, which works to influence, analyze and advocate for family law-related interests including legislation and court rules. Served on the Executive Board of the Family Law Council for five years and is the immediate past Chair of the Family Law Section of the State Bar of Michigan.
Irika Mellin

Irika Mellin

Mellin Robinson, P.C.

Irika Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She has years of experience in complex divorce and custody cases that range from amicable to contentious and is well-known as a certified domestic relations mediator and arbitrator.

Education & Credentials

1996 graduate of the University of Detroit Mercy School of Law.

Recognition & Leadership

Co-authored with Kristen Robinson the Parenting Time Chapter in the LexisNexis Practice Guide: Michigan Family Law 2016-2024. Frequently asked to be a guest lecturer on family law related matters.

Professional Involvement

Member of the Family Law Section of the State Bar of Michigan and the Michigan Inter-Professional Association. Past chair and current member of the Oakland County Bar Association Family Court Committee. Served on the board of trustees for CARE House of Oakland County.

Experience

Has been practicing family law since 1997. Selected by peers and frequently appointed by the court to mediate a variety of family law matters.
Laurence D. Lieb

Laurence D. Lieb

Tyger Forensics, LLC

Larry Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. His practice focuses on maximizing the limited dollars his clients have available for substantive legal work whilst minimizing wasted expense.

Recognition & Leadership

Nationally known subject matter expert in computer forensics and electronic discovery.

Experience

Has testified in both Federal and State courts on the subjects of computer and smartphone forensics.
Henry S. Gornbein

Henry S. Gornbein

Lipson Neilson, P.C.

Mr. Gornbein has dedicated his career to matrimonial law, focusing on areas such as divorce, child custody, pre-and postnuptial agreements, and paternity. He is also committed to collaborative law and often serves as a mediator and arbitrator in domestic relations matters.

Recognition & Leadership

Oakland County Bar Association Professionalism Award recipient. Host of the award-winning cable television show Practical Law, which has received three Philo Awards. Author of Divorce Demystified: Everything You Need to Know Before You File for Divorce and coauthor of Child Custody: A Complete Guide for Parents. Contributor to Huffington Post and Divorce Magazine.

Professional Involvement

President of the Michigan Inter-Professional Association on Marriage, Divorce, and the Family (MIPA). Active member of the Family Law Sections of the American and Oakland County Bar Associations. Creator of familylawformichigan.com and gracefullygreying.com. Creator of the video podcast series Gracefully Greying. Served on the boards of Catholic Social Services of Oakland County and Jewish Family Services of Oakland County. Founding member and past president of The Sanctuary.

Experience

Served as chair of the Family Law Section and as a member of the Representative Assembly of the State Bar of Michigan. Fellow of the International Academy of Matrimonial Lawyers and the American Academy of Matrimonial Lawyers (AAML). Led the Michigan chapter of the AAML and contributed as chair of its national Long-Range Planning Committee.
Kristen L. Robinson

Kristen L. Robinson

Mellin Robinson, P.C.

Kristen L. Robinson concentrates her practice in domestic relations litigation and assists clients who desire to settle their cases on terms that work for their families. She is a trained neutral mediator, chosen by other lawyers and appointed by the court to assist parties in settling family law matters.

Education & Credentials

Bachelor's degree from Hope College in Holland, Michigan. Law degree with honors, cum laude, from Detroit College of Law (now Michigan State University School of Law).

Professional Involvement

Member of the State Bar of Michigan Family Law Council. Serves on the Executive Board of the Family Law Council.

Experience

Elected by peers to the 21-member State Bar of Michigan Family Law Council, which works to influence, analyze and advocate for family law-related interests including legislation and court rules. Served on the Executive Board of the Family Law Council for five years and is the immediate past Chair of the Family Law Section of the State Bar of Michigan.
Irika Mellin

Irika Mellin

Mellin Robinson, P.C.

Irika Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She has years of experience in complex divorce and custody cases that range from amicable to contentious and is well-known as a certified domestic relations mediator and arbitrator.

Education & Credentials

1996 graduate of the University of Detroit Mercy School of Law.

Recognition & Leadership

Co-authored with Kristen Robinson the Parenting Time Chapter in the LexisNexis Practice Guide: Michigan Family Law 2016-2024. Frequently asked to be a guest lecturer on family law related matters.

Professional Involvement

Member of the Family Law Section of the State Bar of Michigan and the Michigan Inter-Professional Association. Past chair and current member of the Oakland County Bar Association Family Court Committee. Served on the board of trustees for CARE House of Oakland County.

Experience

Has been practicing family law since 1997. Selected by peers and frequently appointed by the court to mediate a variety of family law matters.
Laurence D. Lieb

Laurence D. Lieb

Tyger Forensics, LLC

Larry Lieb is a nationally known subject matter expert in the field of computer forensics and electronic discovery. His practice focuses on maximizing the limited dollars his clients have available for substantive legal work whilst minimizing wasted expense.

Recognition & Leadership

Nationally known subject matter expert in computer forensics and electronic discovery.

Experience

Has testified in both Federal and State courts on the subjects of computer and smartphone forensics.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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Trusted by Legal Professionals

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Live stream programs

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
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Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs