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Discovery and Evidentiary Issues with Emojis


Level: Beginner
Runtime: 61 minutes
Recorded Date: March 16, 2022
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Agenda

  • Importance of Emojis as Evidence in Civil Litigation
  • Discovery Issues with Emojis
  • Evidentiary Issues with Emojis
  • Practice Tips
  • Resources | Q & A
Runtime: 1 hour, 1 minute
Recorded: March 16, 2022

For NY - Difficulty Level: For Newly-Admitted Attorneys (transitional)
For NY - Difficulty Level: Newly admitted attorneys only (transitional)

Description

Emojis are an important aspect of everyday communication in 2022. Given their ubiquity, there should be little surprise that emojis have become a source of admissible evidence in civil and criminal cases and provide context and clarity on disputed issues. While they certainly won’t be critical in every action, counsel should be aware of key discovery and evidentiary issues that may affect the admissibility of emojis. In this program, a panel of experts will examine these issues and discuss recommended practices for handling them during discovery, in motion practice, and at trial.

This program was recorded on March 16th, 2022.

Provided By

American Bar Association
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Panelists

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Hon. Maria Audero

U.S. Magistrate Judge
United States District Court, Central District of California

Maria A. Audero was appointed as a Magistrate Judge in June 2018. Prior to her appointment, Judge Audero was a Partner in, and served as co-chair of, the Employment Law Department of Paul Hastings LLP in Los Angeles. While there, she specialized in state and federal wage-and-hour nationwide class and collective actions, discrimination and pay equity cases, equal employment opportunity cases, and government contract affirmative action matters.

Prior to her appointment, Judge Audero served as Judge Pro Tem for the Los Angeles Superior Court and was appointed by Governor Edmund G. Brown as Commissioner of the California Fair Political Practices Commission. Judge Audero was co-chair of the American Bar Association's Section of Labor and Employment Law Committee on Federal Labor Standards Legislation – Family and Medical Leave Act and was Editor-in-Chief of the annual Mid-Winter Report. She also sat as Chair of the Board of Directors of the Employment Round Table of Southern California and was a member and advisor of the Executive Committee of the California Bar Association’s Labor & Employment Law Section. Since her appointment, Judge Audero has served as faculty at The Sedona Conference’s annual meetings and e-discovery negotiation training and spoken on e-discovery panels. In addition, she is a member of the Executive Committee of the Los Angeles County Bar Association’s Litigation Section, an Honorary Director of the Los Angeles Chapter of the Federal Bar Association, and a member of the Board of Governors of the Association of Business Trial Lawyers.

Judge Audero received her B.A. at UCLA, and her J.D. from Southwestern University School of Law, graduating magna cum laude. While there, Judge Audero served as an editor of the Law Review.

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Claudia T. Morgan

eDiscovery Counsel
Wachtell, Lipton, Rosen & Katz

Claudia T. Morgan is eDiscovery Counsel in Wachtell, Lipton, Rosen & Katz’s Litigation Department. She focuses her practice on electronic discovery and information management, both domestically and abroad. She has significant experience in responding to and advising on litigation in federal and state courts, regulatory requests for information, and internal investigations.

Ms. Morgan has represented and advised clients on all aspects of discovery, from preservation to production. She also has experience working with expert witnesses to collect and analyze relevant data, and in support of eDiscovery motions.

Ms. Morgan counsels clients on a range of information risk management issues, including eDiscovery and Records and Information Management (RIM) best practices and litigation preparation. She has worked with clients in overhauling their corporate RIM policies and procedures.

Ms. Morgan received a B.S.F.S. from Georgetown University and completed her J.D., with honors, from George Mason University School of Law.

Chambers has recognized Ms. Morgan as a top lawyer in the field of eDiscovery & Information Governance. Ms. Morgan is a member of the Steering Committee for The Sedona Conference Working Group 1 (Electronic Document Retention and Production), as well as a member of Working Groups 6 (International Electronic Information Management, Discovery and Disclosure), and 11 (Data Security and Privacy Liability). Ms. Morgan is a member of the American Bar Association and the New York State Bar Association.

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David Gaston

Assistant General Counsel & Chief of the E-Litigation Branch
National Labor Relations Board (NLRB)

David serves as Assistant General Counsel and Chief of the E-Litigation Branch at the National Labor Relations Board (NLRB). In his role as the Agency’s Lead Technology Counsel, David leads the NLRB in the development and execution of information policy and ESI-related litigation strategy.

Prior to this role, David was an Attorney-Advisor at the U.S. Department of Agriculture in Washington, DC. His practice areas primarily relate to information governance, civil litigation, e-discovery, digital investigations, and the Freedom of Information Act. Before his government service, David was the Director of Waters Edge Consulting, a consulting firm focused on information governance and security. He is co-author of the Discovering the Digital Record -- The Questions for Examination (2008), an e-discovery reference volume.

David is a graduate of Harvard Law School and the University of Georgia.

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Philip Favro

Special Master, Expert Witness, and eDiscovery & IG Consultant
Innovative Driven

Philip Favro acts as a trusted advisor to organizations and law firms on important questions surrounding discovery and information governance. Phil provides guidance on litigation hold policies, data collection strategies, and search methodologies. He also offers direction to organizations on records retention policies and the need to manage dynamic sources of information found on smartphones, cloud applications, and social networks. Phil is a thought leader and a legal scholar on issues relating to the discovery process, the confluence of litigation and technology, and information governance. His articles have been published in leading industry publications and academic journals and he is frequently in demand as a speaker for eDiscovery education programs.

Phil is a member of the California and Utah bars. He actively contributes to Working Group 1 of The Sedona Conference where he serves as the Project Manager for the Steering Committee. Phil also serves as the Director of Legal Education for the Coalition of Technology Resources for Lawyers (CTRL). Prior to joining Innovative Driven, Phil practiced law in Northern California where he advised a variety of clients regarding business disputes and complex discovery issues. He also served as a Judge Pro Tempore for the Santa Clara County Superior Court based in Santa Clara, California.


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