Original Program Date: September 13, 2013
Available via Video Replay
Click on the "In Depth" tab for speaker, registration, early bird and video replay information.
The Roses are getting a divorce. Evidence is everywhere. On the web. In the Twitterverse. On video; in photos; on walls. On phones; in computers; in tablets. In the cloud. Naughtiness abounds. Privacy is shattered.
This program explores how warring spouses wrong each other electronically and what harm is done. Are crimes committed? Civil Torts?
Wrongdoing, together with an examination of issues related to electronic evidence, its use and misuse, and what can be done with it, are examined.
This program addresses the edgier side of family law.
The speakers discuss real life issues in very direct and unabashed terms.
The advent of the digital age has substantially changed the landscape of family law. Information was once held close to the vest and could be inaccessible absent extraordinary means or luck.
Today, a client’s private information may literally be close to the vest on their smartphone or tablet. The acquisition, authentication and proper use of digital data by family lawyers has become increasingly problematic as clients move away from paper and towards using the Internet to communicate and conduct business.
At the same time, the digital age has brought an ever-expanding range of new ways for clients and opponents to engage in conduct that raises various civil and criminal law issues during the course of the family law case.
This program gives lawyers a feel for the complexity of this new digital landscape, employing a panel discussion of issues raised by a series of vignettes occurring through the course of a hypothetical family case while offering ideas on how to offensively and defensively manage the facts and consequences of a party’s actions.
Planned by the NCBA Family Law Section
- "Electronic Breaking and Entering, or Not?" - Panel discussion and vignettes focusing on computer trespass, use of spyware, video surveillance, recording electronic calls and more.
- "Eating the Fruit of the (Poisonous?) Tree" - Panel discussion and vignettes focusing on recrimination/condonation in alimony cases, illegally obtained records, privacy rights between spouses and much more.
- "Social and Anti-Social Media" - Panel discussion and vignettes focusing on issues related to social media and open-posting websites, such as Twitter, Facebook and YouTube.
- "Digging Up Digital Treasure" - Panel discussion and vignettes focusing on electronic data in the hands of third parties.