Using Self-Collection Tools to Gather ESI

Ivan Feris
Elan Hersh
Emily Bartkowicz
Ivan Feris | Continental PLLC
Elan Hersh | Akerman LLP
Emily Bartkowicz | Akerman LLP
On-Demand: December 4, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Social Media in eDiscovery: Risks and Rewards of Automated Self-Collection – Ivan Feris

This program explores the use of automated self-collection tools on social media platforms in eDiscovery and addresses the risks associated with custodian self-collection. Participants will gain practical insights into leveraging internal tools provided by platforms like Facebook, Instagram, and LinkedIn, while understanding the pitfalls of unsupervised self-collection during litigation.

Key topics to be discussed:

  • Self-collection tools on social media platforms
  • Types of data available for collection (posts, messages, metadata, etc.)
  • Output formats: How to extract and present social media data
  • Technical challenges and solutions
  • Integrating social media collections into broader eDiscovery workflows

Session II - Legal Risks in eDiscovery: Custodian Self-Collection and Data Privacy – Elan Hersh and Emily Bartkowicz

This session will delve into the legal implications, practical challenges, and tools involved in data collection for eDiscovery. Participants will explore how to mitigate risks associated with custodian self-collection, manage privacy concerns, and effectively collect data in a cost-effective manner.

Key topics to be discussed:

  • Legal risks of custodian self-collection
  • Failure to preserve evidence
  • Legal implications and case law involving social media evidence in eDiscovery
  • Privacy and data protection concerns
  • Tools & methods for self-collection
  • Cross-border data collection considerations
  • Documenting eDiscovery efforts
  • Practical tips for avoiding sanctions

Closed-captioning available

Speakers

Ivan Feris_myLawCLEIvan Feris | Continental PLLC

Ivan Feris focuses his practice on complex commercial litigation, class action litigation, investigations and white-collar defense. Prior to joining Continental PLLC, Ivan spent time at two different AM Law top 100 firms where he practiced in the areas of class action defense, consumer protection litigation, products liability litigation, antitrust litigation, appellate litigation, white collar defense matters, international arbitration matters, and administrative law matters.

Ivan earned his J.D., magna cum laude, from the Florida International University’s College of Law, where he graduated as salutatorian of his class. While in law school, Ivan served as the Executive Marketing Editor for the FIU Law Review, a member of the Moot Court Board of Appellate Advocacy, and a 1L Representative for the Student Bar Association. During law school, Ivan also interned with the Miami-Dade Public Defender’s Office, assisting lawyers in providing pro bono representation to indigent individuals.

Before law school, Ivan received his B.S. in Criminal Justice, summa cum laude, from Florida International University. Ivan is fluent in Spanish.

 

Elan Hersh_myLawCLEElan Hersh | Akerman LLP

Elan Hersh is a Partner in Akerman’s Litigation Practice Group and leads Akerman’s eDiscovery Services team. Elan advises clients on electronic discovery (eDiscovery), information governance, litigation readiness and response, cross-border discovery issues, and data privacy. Elan leverages his unique knowledge of the technical and legal dimensions of eDiscovery to advise clients on defensible and cost-effective strategies for data preservation, collection, review, and production, with an emphasis on controlling the scope of discovery and implementing cost-shifting strategies. Elan represents clients in all aspects of eDiscovery throughout the country in both state and federal court and represents foreign corporations who are defending lawsuits in the United States.

 

Emily Bartkowicz_myLawCLEEmily Bartkowicz | Akerman LLP

Emily Bartkowicz is a 20-year veteran of the legal industry and currently serves as a Litigation Support Manager with Akerman eDiscovery Services. Emily specializes in assisting firm clients and attorneys with a variety of e-discovery and litigation support-related projects, including case management, forensic collection coordination, document collections and document productions. Emily also works with the Director of eDiscovery Services to manage marketing and business development initiatives, technology innovations and financial reporting for the department. Emily is a Certified eDiscovery Specialist, a Registered Paralegal with the Florida Bar, and holds advanced certifications in eDiscovery, Trial Practice, and Discovery from NALA. She also sits on the executive board for Women in eDiscovery and the advisory board for Broward College’s Paralegal Studies program.

Agenda

Session I – Social Media in eDiscovery: Risks and Rewards of Automated Self-Collection | 1:30pm – 2:00pm

  • Self-collection tools on social media platforms
  • Types of data available for collection (posts, messages, metadata, etc.)
  • Output formats: How to extract and present social media data
  • Technical challenges and solutions
  • Integrating social media collections into broader eDiscovery workflows

Session II – Legal Risks in eDiscovery: Custodian Self-Collection and Data Privacy | 2:00pm – 3:40pm

  • Legal risks of custodian self-collection
  • Failure to preserve evidence
  • Legal implications and case law involving social media evidence in eDiscovery

Break | 2:30pm – 2:40pm

  • Privacy and data protection concerns
  • Tools & methods for self-collection
  • Cross-border data collection considerations
  • Documenting eDiscovery efforts
  • Practical tips for avoiding sanctions

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

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for CLE Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General

Maryland

No MCLE Required
2 General

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study 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

Pending CLE Approval
2 General

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

Approved for CLE Credits
120 General Minutes

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 “B”.
Ohio

Pending CLE Approval
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

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

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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