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Program Details
2026-09-21 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-21 12:00:00
2h CLE Credits
Intermediate
2
Courts and regulators increasingly treat the deliberate use of auto-delete features on Signal, WhatsApp, and similar apps as sanctionable spoliation. This session explains how Rule 37(e)’s two-tier framework applies to ephemeral messaging losses, when courts impose adverse inferences or shift the burden of proof, and how to draft litigation holds that hold up under current judicial scrutiny. Attendees leave with a practical checklist for issuing holds, verifying custodian compliance, and preserving auto-delete configuration settings as independent evidence of spoliation intent.
Encryption has closed most paths to getting message content directly from providers. This session covers what each major platform actually produces under legal process, how device-side forensic extraction works and where it fails, how the Fifth Amendment circuit split limits compelled device access, and which collection methods deliver results when the provider produces nothing. Attendees leave with a working framework for building an evidence collection strategy around provider-side encryption barriers.
ESI Attorneys LLC
Bernstein Litowitz Berger & Grossmann LLP
Veracity Forensics LLC
Crawford Wishnew Lang PLLC
ESI Attorneys LLC
Kelly Twigger has spent more than two decades in electronic discovery, first as a litigator and now as national eDiscovery counsel to law firms, corporations, and municipalities on matters involving electronically stored information. She began her career at Quarles & Brady LLP in Milwaukee, where she was a litigation partner and started the firm’s first records retention and electronic discovery practice, leaving in 2009 to found ESI Attorneys LLC, a boutique eDiscovery and information law firm in Boulder, Colorado. She is also the founder and CEO of Minerva26, the curated eDiscovery case law, rules, checklists, and forms platform she built as eDiscovery Assistant and rebranded in March 2025. She is a practicing attorney, software developer, author, and speaker.
Bernstein Litowitz Berger & Grossmann LLP
Anthony M. Calvano is a partner in the Wilmington office of Bernstein Litowitz Berger & Grossmann LLP and is counsel of record for the plaintiff stockholders in In re World Wrestling Entertainment, Inc. Merger Litigation, Consolidated C.A. No. 2023-1166-JTL, the Delaware Court of Chancery action in which the court imposed spoliation sanctions in May 2026 over the destruction of Signal messages. His firm identifies him as one of four lawyers leading that case. He litigates fiduciary duty, merger-related, and stockholder rights disputes in the Court of Chancery and the United States District Court for the District of Delaware, and he clerked for Vice Chancellor J. Travis Laster, who issued the sanctions decision.
Veracity Forensics LLC
Melinda Redenius brings more than a decade of experience in digital forensics, e-discovery, and litigation support, with core expertise in digital evidence acquisition and mobile device forensics. She is a forensic consultant at Veracity Forensics LLC and writes on mobile and cloud forensic methodology, including how extraction methods are selected and what documentation makes a collection defensible. Her earlier career includes twelve years at the Denver digital forensics firm Forensic Pursuit, where she served as Chief Business Officer, and a subsequent role as Associate Director of Digital Forensics and E-Discovery at ArcherHall following that firm’s acquisition of Forensic Pursuit. She reports extensive courtroom and deposition experience supporting matters in both state and federal courts.
Crawford Wishnew Lang PLLC
Mark T.J. Jones is a partner at Crawford Wishnew Lang PLLC in Dallas, where he prosecutes and defends complex commercial claims including breach of contract, breach of fiduciary duty, business divorce, and fraud, and represents companies and individuals in employment matters with extensive experience on both sides of non-compete and non-solicitation covenants. He handles depositions and complex motion practice, and within his first two years of practice led closing arguments in a multi-million-dollar telecommunications matter and sat second chair in a nationally covered jury trial that returned a substantial verdict including punitive damages.
ESI Attorneys LLC
Kelly Twigger has spent more than two decades in electronic discovery, first as a litigator and now as national eDiscovery counsel to law firms, corporations, and municipalities on matters involving electronically stored information. She began her career at Quarles & Brady LLP in Milwaukee, where she was a litigation partner and started the firm’s first records retention and electronic discovery practice, leaving in 2009 to found ESI Attorneys LLC, a boutique eDiscovery and information law firm in Boulder, Colorado. She is also the founder and CEO of Minerva26, the curated eDiscovery case law, rules, checklists, and forms platform she built as eDiscovery Assistant and rebranded in March 2025. She is a practicing attorney, software developer, author, and speaker.
Bernstein Litowitz Berger & Grossmann LLP
Anthony M. Calvano is a partner in the Wilmington office of Bernstein Litowitz Berger & Grossmann LLP and is counsel of record for the plaintiff stockholders in In re World Wrestling Entertainment, Inc. Merger Litigation, Consolidated C.A. No. 2023-1166-JTL, the Delaware Court of Chancery action in which the court imposed spoliation sanctions in May 2026 over the destruction of Signal messages. His firm identifies him as one of four lawyers leading that case. He litigates fiduciary duty, merger-related, and stockholder rights disputes in the Court of Chancery and the United States District Court for the District of Delaware, and he clerked for Vice Chancellor J. Travis Laster, who issued the sanctions decision.
Veracity Forensics LLC
Melinda Redenius brings more than a decade of experience in digital forensics, e-discovery, and litigation support, with core expertise in digital evidence acquisition and mobile device forensics. She is a forensic consultant at Veracity Forensics LLC and writes on mobile and cloud forensic methodology, including how extraction methods are selected and what documentation makes a collection defensible. Her earlier career includes twelve years at the Denver digital forensics firm Forensic Pursuit, where she served as Chief Business Officer, and a subsequent role as Associate Director of Digital Forensics and E-Discovery at ArcherHall following that firm’s acquisition of Forensic Pursuit. She reports extensive courtroom and deposition experience supporting matters in both state and federal courts.
Crawford Wishnew Lang PLLC
Mark T.J. Jones is a partner at Crawford Wishnew Lang PLLC in Dallas, where he prosecutes and defends complex commercial claims including breach of contract, breach of fiduciary duty, business divorce, and fraud, and represents companies and individuals in employment matters with extensive experience on both sides of non-compete and non-solicitation covenants. He handles depositions and complex motion practice, and within his first two years of practice led closing arguments in a multi-million-dollar telecommunications matter and sat second chair in a nationally covered jury trial that returned a substantial verdict including punitive damages.
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.
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