Webinar, approx. 60 min. (1 Hr. CLE) No Separate PowerPoint
There exists a rapidly emerging need for courts to uniformly recognize the increasing necessity for an accused to access electronically stored information (ESI) in order to effectively build a defense in modern-day criminal prosecutions. Modern day communications, through e-mail, the web, instant messaging, electronic faxing, and digital voicemail, expand the nature and location of “relevant evidence” as well as the obligations to obtain, preserve, produce and manage this evidence. Furthermore, the context in which ESI is forensically ascertained may be as important to a defendant as the substantive information recovered.

The landscape of criminal defendants is also changing rapidly. Free email accounts like Yahoo!, Gmail, and Hotmail, along with a competitive mobile communications market offering an affordable unification of services like email, voice plans, and data on a single handheld device expands the universe of the “forms” of evidence at issue (irrespective of whether the crime being prosecuted is “corporate” or “street” in nature).

E-discovery assumes a critical role unique to criminal proceedings. Unlike hard copy documents and tangible evidence (e.g., gun, picture, clothing, etc.), ESI may contain exculpatory evidence that may not be readily apparent to the prosecution that maintains custody and control over the ESI. Additionally, the prosecution may improperly be in possession of ESI that should be subject of a motion to suppress which may exculpate a defendant or affect the strength of the prosecution’s case. In sum, ESI evidence can significantly impact the outcome of a criminal case.

In this webinar on criminal e-discovery, presenters Daniel Gelb and Daniel Garrie will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings. E-discovery is rapidly making headway in civil proceedings, but the criminal courts have not taken to digital evidence as quickly. This webinar will give insight to the current status of e-discovery in criminal proceedings as well as recent cases of interest.

Meet Your Presenters
Daniel Garrie, Esq., Law & Forensics, holds a B.A. and M.A. in computer science and is an eDiscovery special master and thought leader in the fields of legal technology, eDiscovery and cyber security. Quoted in Forbes and profiled in the Los Angeles Daily Journal, he is a frequently retained neutral and Manager of Alternative Resolution Center's eDiscovery Dispute Resolution. Mr. Garrie serves as a Partner and General Counsel at Focused Solution Recourse Delivery Group (FSRDG), a boutique legal strategy and computer forensics firm that works with clients across industries to address eDiscovery challenges in the U.S. and abroad.

Mr. Garrie is the Editor-in-Chief of the Journal of Legal Technology Risk Management and the Journal of Cyber Warfare. He has co-authored the book, Dispute Resolution and eDiscovery with Yoav Griver, Esq. Garrie has published over 100 articles and his groundbreaking scholarship around eDiscovery was recently cited in the case U.S. v. Briggs. Mr. Garrie is a member of the Board of Governors of the prestigious Organization of Legal Professionals (OLP).

Daniel K. Gelb, Esq. is a partner at the trial law firm of Gelb & Gelb LLP (www.gelbgelb.com) in Boston, Massachusetts. Dan represents clients in general and white collar criminal defense matters, complex civil litigation focusing on business and securities, as well as in arbitrations and regulatory proceedings. Prior to joining Gelb & Gelb LLP, Dan was an Assistant District Attorney with the Norfolk County District Attorney’s Office in Massachusetts.

Among various other professional affiliations, Dan is a member of the Advisory Board for Bloomberg BNA’s White Collar Crime Report; the National Association of Criminal Defense Lawyers’ White Collar Crime Committee; and The Sedona Conference® Working Group on Electronic Document Retention & Production.

Dan is a frequent speaker and author on electronic discovery and other subject matters impacting both civil and criminal trial practice and procedure. Dan has been published by various media outlets including Bloomberg BNA, Corporate Counsel Magazine, The Champion Magazine, and The New York Times in the “Room for Debate” section of the newspaper’s website. Dan is the co-author of the book Massachusetts E-Discovery & Evidence: Preservation Through Trial published by Massachusetts Continuing Legal Education, Inc. and has been selected by Massachusetts Lawyers Weekly and the Massachusetts Bar Association to be one of the 20 honorees practicing law for 10 years or less to receive the “Up & Coming Lawyer” award for the year 2012. Dan received his B.A. in English from Tufts University; J.D. from Boston College Law School; and M.B.A. from Boston College.