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Admissibility of Email and Internet Evidence

September 22, 2020 1:00 - 2:30 PM EST

Training Duration = 90 min              Sponsored by Lorman

Click Here to register $199.00

Click Here to register and receive downloadable recording $268.00

Make sure your evidence doesn’t get thrown out – learn how to successfully admit email and internet evidence at trial.

The Internet made its debut in the 1970s, and electronic information has since found its way into the courtroom. Digital evidence has transformed the way attorneys, judges, and juries conduct discovery, find truth, and engage within the legal field. Attorneys have an ethical duty to understand the technical aspects of gathering, preserving, producing, and presenting electronically stored information (ESI) at trial, especially when an increasing amount of client information is stored digitally.

State and federal rules of civil procedure impose upon litigants an obligation to identify, preserve, and produce that information to the opposing side. Discovery issues are often present, throughout any given case, the outcome of which may be dependent upon a proper understanding of digitally and ESI. Attorneys can gain a case advantage by securing information not previously available, including hundreds of social networking applications, private chat room logs, emails, texts, blogs, photographs, online materials, videos, voicemail messages, cloud-based file-sharing, and material within document storage sites. With this knowledge, an attorney can confidently make specific and complete requests when conducting discovery and providing disclosure because every possible source has been assessed, searched, and uncovered.

Once uncovered, it is the attorney’s duty to ensure that the evidence is authentic, can be traced, and that the metadata shows the originality of the data presented. Collecting evidence, even in civil litigation cases, requires you to think forensically. This information will give you the essential tools required to understand, gather, produce, and review ESI. You will achieve this readiness by gaining a solid understanding of ESI and how to masterfully tackle issues related to its authenticity and by overcoming objections to admissibility at trial.


What Is ESI? Including Sources and Types Often Overlooked

Overview of the Process of Gathering and Receiving ESI Information

Spoliation-Duty to Preserve and Maintain

Sanctions for Failure to Disclose

Meet and Confer Regarding ESI



Expert Witnesses

Privilege and ESI

Judges' Views on Various Ways of Handling ESI


Dennis I. Wilenchik, Esq.

Wilenchik & Bartness, P.C.

  • Managing partner at Wilenchik & Bartness, P.C., Phoenix, Arizona, established in 1991
  • Focused on trial work for more than 40 years and has tried hundreds of cases, both civil and criminal, for many high-profile individuals, companies, politicians and government entities and officials
  • Practice focuses on civil litigation with an emphasis on real estate and business
  • Nationally certified civil trial advocate for over 30 years with the National Board of Trial Advocacy and is a member of various American Bar Association committees, including the Trial Practice and Evidence Committees
  • Spoken at numerous seminars on trials and evidence, e-discovery, admissibility of email and Internet evidence, the rules of civil procedure and their impact on electronically stored information, the importance of deposition summaries in trial preparation and other trial preparation courses
  • Rated as a Super Lawyer by Thomson-Reuters, achieved the highest rating in the Martindale-Hubbell Law Directory®, a member of AZ Finest Lawyers, a Lawyer of Distinction, and has been voted Best Trial Lawyer in Arizona Foothills Magazine three years in a row
  • Licensed to practice before all state and federal courts in Arizona and in Texas, the state of New York, the United States Supreme Court, and the Ninth Circuit Court of Appeals
  • Licensed to practice in Arizona, Texas, New York, and the District of Columbia
  • J.D. degree, South Texas College of Law; B.A. degree, magna cum laude, Brooklyn College of the City University, New York
  • Can be contacted at 602-606-2810,, or