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Getting Evidence In or Keeping It Out: Winning Strategies for Admitting or Blocking Social Media Posts, Texts, Emails, and AI-Generated Content

2025-06-13 12:00:00

4.5 hours

2025-06-13 12:00:00

4.5 Credits

Master trial evidence rules, from expert testimony and hearsay exceptions to authenticating electronic evidence and preserving objections for appeal.

2025-06-13 12:00:00

4.5 hours

Master trial evidence rules, from expert testimony and hearsay exceptions to authenticating electronic evidence and preserving objections for appeal.

2025-06-13 12:00:00

4.5 hours

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the rules of evidence including hearsay exceptions, authentication requirements, expert and lay witness testimony scope, and strategies for admitting or excluding evidence.

What will you gain

Attorneys will gain practical strategies for trial preparation, motions in limine, pretrial conferences, and handling electronic evidence including social media and AI-generated content.

Expert Testimony
Rule 702 governs expert witnesses who must demonstrate reliable methods and sufficient facts.
Hearsay Rules
Out-of-court statements require identifying applicable exceptions under Rules 801, 803, and 804.
Authentication
Rule 901 requires showing evidence is what the proponent claims it to be.
Electronic Evidence
Social media, texts, and emails require authentication through distinctive characteristics and knowledge.
Trial Briefs
Filing comprehensive trial briefs addresses anticipated evidentiary disputes before trial begins.
Objections
Hearsay and speculation objections shift the burden to the adversary when evidence is problematic.

What will you learn

Attorneys will learn the rules of evidence including hearsay exceptions, authentication requirements, expert and lay witness testimony scope, and strategies for admitting or excluding evidence.

What will you gain

Attorneys will gain practical strategies for trial preparation, motions in limine, pretrial conferences, and handling electronic evidence including social media and AI-generated content.

Agenda

Session 1

Expert and Lay Witness Testimony Under Evidence Rules

Session 2

Relevance, Authentication, and Hearsay Analysis in Court

Session 3

Electronic Evidence Admission and Courtroom Objection Strategies

clock 12:00 pm - 2:10 pm EST

Expert and Lay Witness Testimony Under Evidence Rules

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

This session examines the scope of permissible expert opinion under Rule 702 and the limitations on lay witness testimony under Rule 701. Participants will learn how to challenge expert opinions through motions in limine and Daubert motions, while understanding foundation requirements for both expert and lay opinions.

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

clock 2:20 pm - 4:00 pm EST

Relevance, Authentication, and Hearsay Analysis in Court

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

This session covers the critical analysis of relevance under Rules 401-403, authentication requirements under Rule 901, and the comprehensive framework for hearsay exceptions. Attorneys will explore the Crawford Confrontation Clause requirements and learn to identify misconduct in presenting evidence, including improper impeachment and vouching.

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

clock 4:00 pm - 5:10 pm EST

Electronic Evidence Admission and Courtroom Objection Strategies

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

This practical session focuses on authenticating electronic evidence including social media, text messages, emails, and AI-generated content. Participants will master techniques for admitting physical objects and business records while learning effective objection strategies to preserve the record for appeal.

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Bennett L. Gershman

Elisabeth Haub School of Law

Paul Leopold

KoonsFuller, P.C

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Since 1973, Jim Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals. He handles car crashes, trips and falls, worksite injuries, defective product claims, dog attacks, liquor liability claims, and other bodily injury matters.

Recognition & Leadership

Certified as a civil trial specialist by the National Board of Trial Advocacy since 1986. Certified by the Minnesota State Bar Association since 1987. Member of the American Board of Trial Advocates (ABOTA) since 2002, ranked as a Diplomate. Recognized as a Minnesota Super Lawyer in Plaintiff's Personal Injury for over 25 years. Listed as AV-Preeminent by Martindale-Hubbell. Listed in Best Lawyers in America as a personal injury specialist. Named Duluth area Plaintiff's Personal Injury Lawyer of the Year in 2017 and 2019. Named 2010 Volunteer Attorney of the Year for the Sixth Judicial District.

Professional Involvement

Past president of the Duluth Bethel Society. Past member and vice-president of the Animal Allies Boards of Directors. Served on the Board of Duluth Union Gospel Mission. Volunteer attorney providing free legal help to lower income residents of northeastern Minnesota.

Experience

Admitted to practice before all Minnesota and Wisconsin courts, both state and federal. Has tried cases throughout both states. Argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals. Nearly 40 years of civil trial specialist certification. Lectures at various seminars, primarily in the area of trial tactics.

James W. Balmer

Falsani, Balmer, Peterson & Balmer

Since 1973, Jim Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals. He handles car crashes, trips and falls, worksite injuries, defective product claims, dog attacks, liquor liability claims, and other bodily injury matters.

Recognition & Leadership

Certified as a civil trial specialist by the National Board of Trial Advocacy since 1986. Certified by the Minnesota State Bar Association since 1987. Member of the American Board of Trial Advocates (ABOTA) since 2002, ranked as a Diplomate. Recognized as a Minnesota Super Lawyer in Plaintiff's Personal Injury for over 25 years. Listed as AV-Preeminent by Martindale-Hubbell. Listed in Best Lawyers in America as a personal injury specialist. Named Duluth area Plaintiff's Personal Injury Lawyer of the Year in 2017 and 2019. Named 2010 Volunteer Attorney of the Year for the Sixth Judicial District.

Professional Involvement

Past president of the Duluth Bethel Society. Past member and vice-president of the Animal Allies Boards of Directors. Served on the Board of Duluth Union Gospel Mission. Volunteer attorney providing free legal help to lower income residents of northeastern Minnesota.

Experience

Admitted to practice before all Minnesota and Wisconsin courts, both state and federal. Has tried cases throughout both states. Argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals. Nearly 40 years of civil trial specialist certification. Lectures at various seminars, primarily in the area of trial tactics.

Bennett L. Gershman

Elisabeth Haub School of Law

University Distinguished Professor Bennett Gershman is a leading authority on prosecutorial misconduct and has been a professor of law at the Elisabeth Haub School of Law since its founding in 1976. Prior to teaching, he was a prosecutor in the New York State Anti-Corruption Office.

Recognition & Leadership

Named Pace University Distinguished Professor in 2020, the highest honor the University bestows upon faculty. Lifetime work recognized in a special edition of the Ohio State Journal of Criminal Law in 2019. Honored with a Lifetime Achievement Award by the New York Law Journal in 2022. Received the Outstanding Professor of the Year award from graduating students eight times in the past 20 years.

Professional Involvement

Continuously called upon by news media for expertise on prosecutorial misconduct. Routinely quoted by the New York Times, Washington Post, Los Angeles Times, and Wall Street Journal. Devoted much time to training prosecutors and judges.

Experience

Professor of law since 1976. Visiting professor at Cornell Law School and Syracuse Law School. Former prosecutor in the New York State Anti-Corruption Office, arguing cases in state and federal courts involving public and political officials charged with corruption. Written four books, more than 75 articles in law journals, and hundreds of book reviews, essays, and op-ed pieces. His treatise Prosecutorial Misconduct has become a preeminent resource for scholars and practitioners. Served as expert witness on prosecutorial misconduct in numerous criminal cases.

Paul Leopold

KoonsFuller, P.C

Paul M. Leopold is double board certified in both Family Law and Civil Appellate Law by the Texas Board of Legal Specialization, focusing his practice on family law appeals while also helping trial counsel with all aspects of cases.

Education & Credentials

Double board certified in both Family Law and Civil Appellate Law by the Texas Board of Legal Specialization.

Experience

Has successfully represented clients in both state and federal trial and appellate courts. Helps trial counsel with all aspects of a case from beginning to end.

Plans

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
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Why Attend

Why this 
program matters

Mastering the rules of evidence is critical for trial attorneys because it directly impacts case outcomes through proper admission and exclusion of testimony, documents, and digital content.
90%
Of criminal cases now involve some form of digital evidence, requiring attorneys to understand authentication and admissibility standards. (Digital Innocence Initiative)
81%
Of family law attorneys report finding social media evidence worth presenting in court during divorce and custody cases. (American Academy of Matrimonial Lawyers)
72%
Of wrongful convictions overturned through DNA testing involved eyewitness misidentification as a contributing factor. (Innocence Project / Western Michigan University)
3k+
Wrongful convictions have been recorded by the National Registry of Exonerations since 1989, many involving evidentiary errors. (National Institute of Justice)

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