Modern Trial Skills: How to lay a foundation to get business records, social media, text messages, and other ESI into evidence (2024 Edition)

Nicholas J. Schneider
Nicholas J. Schneider | Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider is a trial attorney with the national law firm Eckert Seamans.

On-Demand: July 11, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

In this presentation, we will discuss the basics of laying a foundation for the admission of evidence at trial, providing practical tips and example trial examinations for establishing each of the five core foundation elements, including the rule against hearsay. Then we will apply this framework, with real-world examples, to common types of modern digital evidence, including business records, social media, text messages and other ESI.

Key topics to be discussed:

  • The Basics of Foundation
  • The Rule Against Hearsay
  • How to Lay a Foundation for Business Records, Social Media, Text Messages, and Other ESI

Closed-captioning available

Speakers

Nicholas Schneider_Eckert Seamans_myLawCLENicholas J. Schneider | Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider is a trial attorney with the national law firm Eckert Seamans. Mr. Schneider focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions. He has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations. In a recent three-week trial in Massachusetts Superior Court, Mr. Schneider obtained a million-dollar judgment for his client, including an award of attorney’s fees, which was recently upheld on appeal. He earned his B.A. degree, cum laude, from Northeastern University and his J.D. degree from Georgetown University Law Center.

Agenda

I. The Basics of Foundation | 11:00am – 11:30am

II. The Rule Against Hearsay | 11:30am – 12:00pm

Break | 12:00pm – 12:10pm

III. How to Lay a Foundation for Business Records, Social Media, Text Messages, and Other ESI | 12:10pm – 1:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Approved for Self-Study Credits
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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