Program Details
2026-09-22 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-22 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session walks attorneys through the evidentiary and procedural framework for building a winning spoliation sanctions motion when opposing parties have lost or destroyed text messages, chats, or other ephemeral communications through auto-delete functions. Attendees will learn the two-tier Rule 37(e) structure, how courts distinguish negligent deletion from intent to deprive, and the specific evidentiary record—forensic, documentary, and deposition-based—needed to support sanctions ranging from curative measures to adverse inference instructions. Attorneys leave with a practical motion-building checklist grounded in the most significant 2024–2025 decisions.
Anna Mercado Clark
Jeff Martin 1:10 pm - 2:10 pm ESTThis session examines how to build and defend a legally sufficient litigation hold when custodians communicate on ephemeral and auto-deleting messaging platforms. Attorneys will learn what courts now require under Rule 37(e) including platform-specific instructions, administrator-level auto-delete suspension, and compliance monitoring — and will analyze the compliance failures in Epic v. Google, FTC v. Amazon, and Safelite v. Lockridge. Attendees leave with a working framework for designing, issuing, and documenting holds that withstand sanctions scrutiny in federal court.
Anna Mercado ClarkJeff MartinAnna Mercado Clark leads Phillips Lytle’s Data Privacy and Cybersecurity and e-Discovery practices, co-leads its Cryptocurrency and Blockchain team, and serves on the firm’s Governing Committee as Partner and Chief Information Security Officer. Her practice spans data privacy and cybersecurity, e-discovery, business litigation, white collar defense and government investigations, intellectual property, and international business law.
Jeff Martin is a certified Digital Forensics Expert with over 20 years of experience and a Digital Evidence Expert Witness at Evidence Solutions, Inc. He specializes in cell phone forensics, computer forensics, cybersecurity, EMR/EHR forensics, and audio/video/imagery forensics, and has conducted hundreds of digital forensics investigations involving the acquisition, preservation, and analysis of data in state and federal courts. Before joining Evidence Solutions, he served as an Advanced Digital Forensic Analyst with the Michigan State Police Computer Crimes Unit and earlier spent a decade as Chief Information & Security Officer in the financial industry. He is a licensed private investigator in Arizona, Texas, and Michigan.
Anna Mercado Clark leads Phillips Lytle’s Data Privacy and Cybersecurity and e-Discovery practices, co-leads its Cryptocurrency and Blockchain team, and serves on the firm’s Governing Committee as Partner and Chief Information Security Officer. Her practice spans data privacy and cybersecurity, e-discovery, business litigation, white collar defense and government investigations, intellectual property, and international business law.
Jeff Martin is a certified Digital Forensics Expert with over 20 years of experience and a Digital Evidence Expert Witness at Evidence Solutions, Inc. He specializes in cell phone forensics, computer forensics, cybersecurity, EMR/EHR forensics, and audio/video/imagery forensics, and has conducted hundreds of digital forensics investigations involving the acquisition, preservation, and analysis of data in state and federal courts. Before joining Evidence Solutions, he served as an Advanced Digital Forensic Analyst with the Michigan State Police Computer Crimes Unit and earlier spent a decade as Chief Information & Security Officer in the financial industry. He is a licensed private investigator in Arizona, Texas, and Michigan.
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.
Formats
