On Demand
Audio
Guidelines For Using Social Media And Your Spouse’s ESI In New York Matrimonial Cases
Produced on September 26, 2017
Course Information
Course Description
With the multiple devices used by families, from smartphones to laptops to tablets, and the constant recording of daily acts and thoughts through status updates, tweets, and photographic posts, the use and misuse of electronically stored information (“ESI”), and the management and monitoring of the social media presence of clients and their spouses are becoming increasingly important parts of a family law practice. This course will help practitioners advise their clients on how to avoid the potential dangers of accessing a spouse’s ESI, how to best safeguard their own ESI, and how to navigate the increasingly expanding world of social media within the context of a divorce case.
Presented by Emily S. Pollock and Kelly A. Frawley, partners in the matrimonial and family law department of Kasowitz Benson Torres LLP, this course provides an informative overview of how to advise clients to take advantage of the electronic footprint of their spouses, while managing their own.
Learning Objectives:
- Review when and whether a client may use a spouse’s ESI
- Discuss the procedure for extracting ESI from a computer or other electronic device
- Explore whether ESI can be extracted from an external storage source
- Recognize some of the criminal implications of accessing a spouse’s ESI
- Comprehend the evidentiary rules relating to the use of social media information
- Consider the permissible and advisable parameters of social media posts relating to children
- Address the use of social media for service of process
- Provide guidelines for advising clients on how best to protect their ESI during a divorce litigation
- Provide guidelines for advising clients how best to manage social media during a divorce litigation
Credit Information
Faculty
Emily Pollock
Kasowitz Benson Torres LLP
Emily S. Pollock is a partner with the matrimonial department of Kasowitz Benson Torres LLP, and has been practicing exclusively as a matrimonial attorney for the past nine years. Emily’s practice focuses on disputes involving divorce, equitable distribution, custody, visitation, child and spousal support, paternity and other areas of family and matrimonial practice, including representing individuals in drafting and negotiating prenuptial and post-nuptial agreements.
Prior to joining Kasowitz, Emily served as a law clerk to the Honorable Paul H. Anderson of the Minnesota Supreme Court and then practiced securities litigation as an associate with Gibson, Dunn & Crutcher, LLP. She obtained her J.D., magna cum laude, from the University of Minnesota Law School in 2002 and a B.A. in psychology from the University of Chicago in 1996.
Emily is on the legislation committees of both the New York Women’s Bar Association and the New York State Bar, Family law Section. She is recognized as a "Rising Star" in the 2014 edition of New York Metro Super Lawyers. Emily also has been quoted on matrimonial issues in various publications, including Essence Magazine, has appeared as a guest discussing prenuptial agreements on the podcast $mart Women, and co-authored the article, How Getting a Job Can Work for Your Client During Divorce, for Family Lawyer Magazine.
Emily lives on the Upper West Side with her four- year-old son, Henry.
Kelly Frawley
Kasowitz Benson Torres LLP
Kelly A. Frawley is a partner at Kasowitz Benson Torres LLP where she has been practicing exclusively in the matrimonial and family law department since 2007. She negotiates and litigates all aspects of matrimonial and family law including equitable distribution, maintenance, child support, custody and parenting time.
Prior to joining the firm, Kelly served as an Assistant District Attorney at the New York County District Attorney’s handling narcotics and firearms cases, including as lead counsel in fourteen felony trials from jury selection through verdict.
Kelly is a co-chairperson of the Public Service and Education Committee and a member of the Executive Committee of the New York State Bar Association Family Law Section.
Kelly graduated St. John’s University with a Bachelor of Arts in Economics in 2000 and St. John’s University School of Law with a Juris Doctor in 2004. She was named by Super Lawyers as a Rising Star in Family Law in 2013, 2014 and 2015.
She resides on the Upper West Side of Manhattan with her husband.
Reviews
very informative
Excellent presenters. Second course of theirs I have taken. They present the information in a concise but meaningful manner.
The speakers were very informative!
Great course
Another great lecture by Pollock and Frawley. Looking forward to seeing more from them! And I'd say that in front of a judge!