Electronic Information in Criminal Investigations & Proceedings, Part II: Preservation and Spoliation, Discovery and Cooperation, and Admissibility

Electronic information is now a common feature in the investigation, prosecution, and defense of criminal cases. Electronic information raises issues about preservation and spoliation of evidence, as well as discovery-related obligations and "cooperation" between the prosecution and the defense. The admissibility of electronic information can also present challenges for the prosecution and defense. This program will address these evidentiary issues and suggest strategies that may be useful to both prosecutors and defense counsel.

The program is taught by Ronald Hedges, a Dentons Senior Counsel with extensive e-discovery experience, Elizabeth Roper, the Deputy Chief of New York County's District Attorney's Cybercrimes and Identity Theft Bureau, and Jay Shapiro, a former prosecutor, litigator, and investigator with White and Williams LLP. 

Learning Objectives:

1. Discuss the duty to preserve electronic information in criminal proceedings and sanctions that may be available for spoliation
2. Analyze Model Rule 16.1 and its "meet-and-confer" obligation, and how the prosecution and defense might "cooperate" in the production of electronic information
3. Assess how different types of electronic information may be admitted into evidence