Surveillance today has become commonplace so that the products of surveillance - whether physical or electronic - will frequently become the subject of legal investigations and litigation. However, the rules governing surveillance are complicated and not necessarily clear. This course will guide the practicing attorney when utilizing evidence obtained from surveillance and social media profiling.
This program is designed to familiarize attorneys with the law surrounding physical, video, drone, and electronic surveillance, GPS tracking devices, audio, and video recordings, garbage pickups, undercover operatives, license plate recognition, and social media profiling. In particular, the program is designed for those attorneys conducting internal investigations, developing facts in almost any civil litigation, family law matters, and personal injury litigation. The program will include a review of the federal and state wiretap act, state criminal and civil privacy statutes, and recent updates in the invasion of privacy case law.
The course will further predict how courts will deal with newer technologies under the current statutory and common law framework. There will be a comparison and application of general US rules and principles to the current General Data Privacy Regulations ("GDPR") proposed privacy law as well the more recent California Consumer Privacy Act ("CCPA").
Key topics to be discussed:
Review federal and state statutes on privacy, wiretapping & GPS
Familiarize attorneys with common law invasion of privacy law and case law updates
Identify evidentiary issues with surveillance and its use in depositions and hearings
Identify potential ethical pitfalls in surveillance and social media issues
Discuss new technologies and their application to current law
Predict how proposed state and federal privacy law acts like Europe's GDPR or California's CCPA will affect private party surveillance
Date / Time: August 17, 2022
Wes Bearden | Bearden Investigative Agency
Wes Bearden is an Attorney & Licensed Investigator at Bearden Investigative Agency and is not your stereotypical investigator.
Because most of his clients are lawyers and law firms, he went to law school so that he could better understand what his clients need. He is an active attorney licensed in Texas, Louisiana, New York, and the District of Columbia. He understands what is discoverable and what is admissible in court. He knows how to handle witnesses appropriately and ethically, and he can work more easily on investigations that cross into other states.
“People – lawyers – come to me with their client’s problems, and I love solving them,” Mr. Bearden, CEO and Chairman of Bearden Investigative Agency says. “Our clients get a lawyer-led team of dedicated investigators who will fight for them. We uncover the facts they need and work toward the resolution they want.”
Mr. Bearden is proud to lead a full-service agency that has the resources and know-how to respond quickly and effectively to critical situations. The agency is particularly expert in:
Family Law Investigations, White Collar Criminal law, Employment, and Internal Investigations, Surveillance, Deep Background, and Due Diligence Investigations, Computer and Mobile forensics, Expert Witness Testimony, Opposition Research, Complex Civil Litigation, Asset and Financial Investigations, National & International Investigations.
Mr. Bearden knows that experience counts when it comes to tackling tough investigative challenges for his clients. His agency, established in Dallas in 1972, has conducted investigations in all 50 states and more than 40 foreign countries.
“When you hire an investigator, it’s an ‘Oh My God’ moment. You may be facing the loss of your business, your family, your money or your reputation,” Mr. Bearden says. “You are in trouble, and you need expert help to successfully guide you through this crisis.”
He maintains active membership and leadership in a number of private investigative associations throughout the United States. He also previously served for almost a decade as the general counsel of the Texas Association of Licensed Investigators (TALI). Mr. Bearden is Past President and currently serves as Chairman of the Board of the National Council of Investigation and Security Services (NCISS). Additionally, he serves on the board of the World Association of Detectives (WAD).
Calm, compassionate and upbeat, Mr. Bearden is committed to helping his clients through some of their most difficult life challenges.
I. Review federal and state statutes on privacy, wiretapping & GPS | 2:00 pm – 2:20 pm
II. Familiarize attorneys with common law invasion of privacy law and case law updates | 2:20 pm – 2:40 pm
III. Identify evidentiary issues with surveillance and its use in depositions and hearings | 2:40 pm – 3:00 pm
Break | 3:00 pm – 3:10 pm
IV. Identify potential ethical pitfalls in surveillance and social media issues | 3:10 pm – 3:30 pm
V. Discuss new technologies and their application to current law | 3:30 pm – 3:50 pm VI. Predict how proposed state and federal privacy law acts like Europe’s GDPR or California’s CCPA will affect private party surveillance | 3:50 pm – 4:10 pm