Attention:

Hot Topics: Electronic Information in Criminal Investigations and Proceedings: Part 2


Level: Advanced
Runtime: 91 minutes
Recorded Date: February 03, 2020
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Agenda


 • Duty to Preserve and Sanctions
        - Hart v. Mannina
        - People v. Durant
        - United States v. Sivilla
        - United States v. Smith
 • Rule 16.1 and "Cooperation"
        - Lynch v. State
        - People v. Wakefield
 • Admissibility
        - Federal Rules of Evidence
        - Hurdles to Admissibility
        - Collins v. State
        - Sacksteder v. Senney
        - United States v. Lizzarraga-Tirado

Runtime: 1 hour, 31 minutes
Recorded: February 3, 2020

Description

Join our distinguished faculty, which includes, among others, a retired U.S. Magistrate Judge from the U.S. District Court for the Southern District of New York, and the Chief, Cybercrime and Identity Theft Bureau from the NY County District Attorney's Office, as they provide a brief overview on what you need to know about the issues related to electronic information in criminal investigations and proceedings.

The second part will offer extended discussion of the applicability of the Sixth Amendment rights of confrontation and effective assistance of counsel.

This program was recorded on February 3rd, 2020.

Provided By

American Bar Association

Panelists

Emma M. Greenwood

Founding Attorney
Greenwood Law Group, PLLC

Emma M. Greenwood, a New York City-based lawyer and Officer of Greenwood Law Group, PLLC, has been focused on the intersection of technology and law since being admitted to practice. She represents individual clients and is also retained or appointed to provide guidance and services, on behalf of multiple parties, as an expert consultant on global e-discovery issues. She is a Coordinating Discovery Attorney (CDA) contracted with the Administrative Office of the United States Courts (AO).

Since 2011, in her CDA capacity, she has been appointed on dozens of federal criminal cases nationwide to provide e-discovery management and technology assistance for defense lawyers involved in multi-defendant cases with complex e-discovery issues. Matters include but are not limited to charges of mortgage fraud, bank fraud, wire fraud, identify theft, Medicare fraud, drug conspiracy, money laundering, RICO, and death-eligible matters.

Her career has also included high profile projects at a variety of internet companies and non-profit organizations, including CitySearch.com, About.com, the American Civil Liberties Union, and the City Bar Justice Center, the legal arm of the New York City Bar Association.

In September 2014, Emma was among nine lawyers in the country selected and profiled as a Legal Rebel by the American Bar Association (ABA) for her accomplishments and continued work to provide e-discovery assistance to the federal criminal bar, including developing tools that help ensure an efficient e-discovery review process for lawyers and their clients.

Emma participates regularly as a speaker at local and national CLEs courses and seminars, and as a faculty member in combined federal defender staff and private CJA practitioner programs across the country. She has been invited to contribute assistance and guidance on a number of local and national committees on e-discovery issues.

Hon. James C. Francis

Lecturer - Former U.S. Magistrate Judge (Ret.)
CUNY School of Law

James C. Francis IV is a Distinguished Lecturer at the CUNY School of Law. Previously, he was a United States Magistrate Judge in the Southern District of New York from 1985 to 2017 and served as Chief Magistrate Judge from 1998 to 2000.

Judge Francis graduated summa cum laude from Yale College in 1974, where he was a member of Phi Beta Kappa. He received his juris doctor degree from the Yale Law School in 1978 and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University in the same year. Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York. He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit until his appointment to the bench.

From 2003 until 2017, Judge Francis was an Adjunct Professor at the Fordham University School of Law where he taught Constitutional Torts. He has served on the Legal Assistance, Federal Courts, Disability Rights, and Professional Responsibility Committees of the New York City Bar Association and the Federal Judiciary Committee of the New York State Bar Association. Judge Francis lectures frequently on electronic discovery, employment litigation, constitutional torts, legal ethics, and pretrial practice.

Ronald J. Hedges

Senior Counsel
Dentons

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information (“ESI”).

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law—Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.

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