Kentucky CLE Course Catalog

ABA Ethics Rule 3.3 and Electronic Data Discovery

Price: $19.99

The course provides an in-depth exploration of ABA Model Rule 3.3 and its critical application to electronic discovery, emphasizing the attorney?s duty of candor toward the tribunal. It examines ethical obligations to disclose adverse legal authority and correct misrepresentations in both traditional and digitally stored evidence, addressing challenges such as metadata integrity, preservation of electronic evidence, and the complexities introduced by advanced technologies like AI, blockchain, and predictive coding. Additionally, the course discusses practical issues including client fraud, improper handling of encrypted or cloud-based data, and the ethical pitfalls of automated document review, ensuring that legal professionals are well-equipped to maintain the accuracy, transparency, and integrity of digital evidence in modern litigation.

Credits:

Course Agenda:

• Ethical obligations under Rule 3.3 in electronic discovery
• Duty to disclose adverse legal authority in e-discovery cases
• Consequences of failing to correct false statements in digital evidence
• The impact of metadata on candor toward the tribunal
• Attorney responsibilities in preserving electronic evidence
• Long term storage of data in tape format and Rule 3.3 compliance
• The duty to correct misrepresentations in electronically filed pleadings
• Ethical challenges in redacting electronic evidence
• The intersection of artificial intelligence and candor in e-discovery
• The role of predictive coding and transparency under Rule 3.3
• The duty to report client fraud involving electronic data
• The implications of deepfake evidence in legal proceedings
• Bias in Machine Learning Models
• The role of blockchain technology in ensuring truthfulness in e-discovery
• How privilege reviews impact attorney candor obligations
• The ethical implications of automated document review tools
• Duty to disclose changes in electronically stored information
• Challenges of maintaining integrity in cloud-based evidence
• The influence of social media evidence on candor obligations
• Forensic analysis and its role in ensuring honest e-discovery practices
• The use of email threading and its impact on candor obligations
• The responsibility of attorneys in handling encrypted evidence
• The duty to correct client misrepresentations about digital records
• How Rule 3.3 applies to data breaches and disclosures
• The ethical concerns of using ephemeral messaging in litigation
• The implications of self-collection of ESI on candor obligations
• The role of expert witnesses in ensuring truthfulness in e-discovery
• Duty to address inadvertent disclosure of privileged electronic documents
• The ethical concerns of automated contract analysis and Rule 3.3
• The impact of emerging technologies on the duty of candor in legal proceedings

Course Presenter(s):

• Berry Crawford

Cybersecurity for Attorneys

Price: $19.99

This comprehensive course, "Cyber Security for Attorneys," addresses the legal profession's increasing dependence on digital infrastructure and the critical need to protect sensitive client data from sophisticated cyber threats. Participants will explore the ethical duty of technological competence and understand why law firms are prime targets for hackers. The curriculum covers common threats such as phishing, ransomware, and wire transfer fraud, while providing practical guidance on defensive measures like multi-factor authentication, email encryption, and secure remote work practices. The course also details essential strategies for developing firm-wide cybersecurity policies, creating incident response plans, managing vendor security, and complying with data breach notification laws.

Credits:

Course Agenda:

• What is Cyber Security?
• The Ethical Duty of Technological Competence
• Protecting Client Confidences in the Digital Age
• Why Law Firms Are a Prime Target for Hackers
• Understanding Top Cyber Threats Like Phishing and Ransomware
• Wire Transfer Fraud and Protecting Trust Accounts
• Password Policies and Multi-Factor Authentication
• Secure Client Communication with Email Encryption
• Mobile Device Security for Laptops and Smartphones
• The Dangers of Public Wi-Fi and Remote Work
• Cloud Computing Ethics and Due Diligence
• Vendor Security Management for IT Providers
• Creating a Firm-Wide Cybersecurity Policy
• Developing an Incident Response Plan for a Breach
• Attorney-Client Privilege During a Data Breach
• Data Breach Notification Laws and Client Duties
• Cyber Insurance Coverage for Law Firms
• Cybersecurity Issues in E-Discovery
• Spotting Insider Threats Both Malicious and Accidental
• Physical Security for the Modern Law Office
• Emerging Threats Like AI and Deepfakes
• Ethical Hacking and Penetration Testing for Firms
• Safe Use of Social Media for Attorneys
• Document Management and Secure Deletion Policies
• Securing Your Home Network for Remote Practice
• Responding to Electronic Ethics Audit Requests
• Digital Forensics Basics for Lawyers
• Cybersecurity Clauses in Client Engagement Letters
• Training Staff and Attorneys on Security Awareness

Course Presenter(s):

• Berry Crawford

eDiscovery with Slack, Teams, and the Cloud

Price: $19.99

This course provides legal professionals with essential strategies for managing electronic discovery in modern collaboration environments. The course contrasts traditional email-based discovery with the unique challenges of dynamic chat platforms , addressing the complexities introduced by Slack, Microsoft Teams, and cloud storage. Participants will learn to navigate critical issues such as the preservation of ephemeral messages, emojis, and GIFs ; maintaining context in fragmented conversations ; and handling hyperlinks and attachments. The curriculum covers practical applications including updating legal hold notices , implementing preservation in Microsoft 365 , using platform-specific APIs and tools like Microsoft Purview , authenticating chat data for admissibility , and negotiating modern ESI protocols. The program also emphasizes the ethical duty of technological competence while addressing key legal principles like proportionality , privilege , and cross-border data privacy.

Credits:

Course Agenda:

• A Brief Overview of eDiscovery
• A Brief Overview of Slack
• A Brief Overview of Microsoft Teams
• A Comparison of Microsoft Teams and Slack
• Why Email-Based eDiscovery Fails for Chat
• The Rise of Cloud Storage as a Data Source
• Challenges of Ephemeral and Edited Messages
• Ethical Duties and Technological Competence
• Proportionality in the Age of Massive Data Volumes
• Updating Legal Hold Notices for Slack and Teams
• Implementing Preservation in Microsoft 365
• Using Microsoft Purview for eDiscovery
• Using Slack's Legal Hold and Discovery APIs
• Preserving Reactions Emojis and GIFs
• The Problem of Context in Fragmented Chats
• Data Mapping a Cloud Environment
• Technology Assisted Review for Chat
• Native Collection vs Third-Party Tools
• Dealing with Hyperlinks and Chat Attachments
• Cross-Border Data Privacy and Cloud Transfers
• Search Strategies for Channels and Direct Messages
• Normalizing JSON Exports for Review
• Reviewing Data in Threaded Conversations
• Redacting and Tagging Chat Data
• Identifying Privilege in Informal Chats
• Authenticating Chat for Admissibility
• Production Formats that Preserve Context
• Negotiating ESI Protocols for Modern Data

Course Presenter(s):

• Berry Crawford

Mobile Device Discovery in Litigation

Price: $19.99

This course, "Mobile Device Discovery in Litigation", provides legal professionals with a comprehensive guide to navigating the complexities of Electronic Data Discovery (EDD) involving mobile devices. The curriculum addresses the unique challenges mobile devices pose due to their personal nature, diverse data types, and the proliferation of apps. Key topics include identifying relevant devices and data sources, comparing collection methods, managing company-owned devices versus BYOD policies, and crafting effective legal holds. Participants will explore strategies for preserving and discovering challenging data types, including text messages, disappearing messages, cloud backups, location data, and data from social media and health apps. The course also delves into critical legal issues such as the dangers of client self-collection, spoliation, proportionality arguments, privacy concerns, the Fifth Amendment, authenticating evidence, hearsay objections, and working effectively with digital forensics experts.

Credits:

Course Agenda:

• What is Electronic Data Discovery?
• Why Mobile Devices Are a Unique ESI Challenge
• Identifying Relevant Devices and Data Sources
• Understanding Different Collection Methods
• Company-Owned Devices vs BYOD Policies
• Crafting Effective Legal Hold Notices for Mobile Data
• The Scope of Preservation for Text Messages
• Dangers of Client Self-Collection and Spoliation
• Working With Digital Forensics Experts
• Proportionality Arguments in Mobile Discovery
• Preserving Data from Messaging Apps like WhatsApp and Signal
• Discovering Ephemeral and Disappearing Messages
• The Role of iCloud and Google Drive Backups
• Finding and Using Location Data (GPS)
• Text Message Review and Production Formats
• Strategies for Redacting Privileged Information
• Privacy Concerns and Personal Data on Devices
• Authenticating Mobile Evidence for Trial
• Hearsay Objections for Text Messages
• Using Mobile Metadata Effectively
• Direct Examination of a Forensic Expert
• Cross-Examining an Opposing Expert
• Seeking Discovery from Third-Party Apps
• International Data Privacy Implications
• The Fifth Amendment and Passcode Compulsion
• Understanding Data from Health and Fitness Apps
• Discovery of Social Media App Data
• Voicemail and Call Log Preservation
• Emerging Trends in Mobile Technology and Law

Course Presenter(s):

• Berry Crawford

Storytelling in the Courtroom

Price: $29.99

As a trial lawyer, what do you really need in order to win your case? Attention ? the jury's attention. I don't mean that in the narcissistic "everyone look at me" sense. When I say every trial lawyer wants more attention, what I mean is that before you can build a rapport with the jury and earn their trust, you have to fight a war ? the war for the jury's attention. "Attention" and "connection" are the key elements needed to win the minds and hearts of the jury.

Credits:

Course Agenda:

• My Story
• Left Brain/Right Brain? What's the difference?
• The Case for Storytelling
• Tips for Building Credibility with the Jury
• Lesson Learned from "8 Mile"
• Purpose of Opening
• Storytelling as the Device for Opening Statement

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part II

Price: $29.99

Like it or not, we are in the midst of an attention war. We need to confront the reality that the jury's attention can no longer be taken for granted. We have to change our way of thinking to focus on gaining attention before we can leave lasting impressions. The jury's attention must be the currency that every trial lawyer trades in. In this presentation, I will talk about how storytelling can help lawyers to cut through all of the noise and distractions of everyday life in order to connect to the jury on a human level.

Credits:

Course Agenda:

• Reducing Trial to Its Bare Bones
• Shifting Sands - How I View "My" Jury
• Opening Statement as Story
• Theory & Theme
• Organization for Opening
• Cast of Characters
• Perspective
• Two Basic Modes

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part III

Price: $29.99

Stories are told in two basic modes: (1) narrative summary and (2) scenes. Narrative summary is an overview. It?s an expository way of moving the audience along in the story. It?s very much ?telling.? Most Nineteenth Century novels begin with narrative summary. For example, ?It was the best of times, it was the worst of times.? It?s more conceptual than cinematic.

Credits:

Course Agenda:

Course Presenter(s):

• Michael J. DeBlis III, Esq.