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The 'Ins' and 'Outs' of Electronic Information in Criminal Investigations and Actions



Thursday, March 10, 2011
Product Code - LGAU02
Speaker(s): Sean Broderick, Administrative Office of U.S. Courts; Judge Herbert B. Dixon, Jr., Superior Court of the District of Columbia; Program Host Carol L. Eoannou, BNA’s Digital Discovery & Electronic Evidence; Andrew Goldsmith, Department of Justice; Ron Hedges, Ronald J. Hedges LLC; Justin P. Murphy, Crowell & Moring; Kenneth J. Withers, The Sedona Conference
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Electronic information permeates our society. For better or for worse, electronic information is now common in all phases of state and federal criminal proceedings, and prosecutors, defense counsel, and investigators must become familiar with those issues. This BNA webinar will explore the constitutional, statutory, and practical dimensions of electronic information in criminal proceedings.

Attendees can expect to gain from this webinar, among other things:

• An appreciation of the scope of electronic information that may be sought in investigations, as well as attorney-client problems arising from demands for that information
• The application of the search warrant requirement of the Fourth Amendment when electronic information is sought by the Government
• The manner in which the Government may comply with Criminal Rule 16 as well as its Brady and Giglio obligations
• The admissibility of electronic information at trial
• The use and abuse of electronic information by jurors

Who Should Attend:

• Federal and State prosecutors
• Federal and State defense counsel, including CJA attorneys and private practitioners
• Investigators and law enforcement personnel
• Federal and State judges and law clerks
• Technologists who may be called upon to conduct examinations for, and of, electronic information

Sean Broderick, Administrative Office of U.S. Courts; Judge Herbert B. Dixon, Jr., Superior Court of the District of Columbia; Program Host Carol L. Eoannou, BNA’s Digital Discovery & Electronic Evidence; Andrew Goldsmith, Department of Justice; Ron Hedges, Ronald J. Hedges LLC; Justin P. Murphy, Crowell & Moring; Kenneth J. Withers, The Sedona Conference

Sean Broderick
National Litigation Support Administrator
Office of Defender Services, Administrative Office of U.S. Courts

Sean is the National Litigation Support Administrator for the Office of Defender Services, Administrative Office of U.S. Courts. He provides guidance and recommendations to federal courts, federal defender organization staff, and court appointed attorneys on complex cases, including evidence organization, document management, and trial presentation. Prior to this position, Sean worked as an investigator, mitigation specialist, and paralegal on numerous complex cases for many years. In these different capacities, he dealt with a wide range of criminal and civil cases, including multi-defendant, white collar fraud, federal trial, capital trial, and habeas corpus death penalty cases. In addition to his hands-on work, Sean has spent considerable time training legal professionals in litigation support, both within the United States as well as abroad.

Judge Herbert B. Dixon, Jr
Superior Court of the District of Columbia

Judge Herbert B. Dixon, Jr. serves on the Superior Court of the District of Columbia. He is a former Chair of the National Conference of State Trial Judges, a member of the ABA House of Delegates, and a former member of the Planning Board for ABA TECHSHOW. Judge Dixon is the technology columnist for The Judges Journal magazine and co-chair of The Journals Editorial Board. Judge Dixon is Senior Judicial Advisor to William & Mary Law Schools Courtroom 21 Project (the worlds most technologically advanced trial and appellate courtroom), and the Washington Bar Association Judicial Council Liaison to the WBA Website Committee. Judge Dixon formerly served as a member of the American Law Institute American Bar Association (ALI-ABA) Technology Advisory Panel, and presently serves on the Board of Trustees of the Foundation of the Bar Association of the District of Columbia.

Within the Superior Court, Judge Dixon serves as co-Chair of the Strategic Planning Leadership Council, the entity charged with writing the strategic plan for the District of Columbia Courts and evaluating progress in achieving the goals and objectives of the plan. Judge Dixon is a former presiding judge of both the Civil Division and the Multi-Door Dispute Resolution Division. He served as Chair of the Electronic Filing Pilot Project, which received national recognition for its success. Currently, he oversees the Superior Courts technology-enhanced courtroom project. Judge Dixon received his Juris Doctor degree from Georgetown University Law Center and a Bachelor of Science degree in Electrical Engineering from Howard University.

Carol L. Eoannou (Program Host)
Managing Editor
BNA Digital Discovery & Electronic Evidence


Andrew Goldsmith
National Criminal Discovery Coordinator
Department of Justice

Mr. Goldsmith was appointed by the Deputy Attorney General in January 2010 as the Department’s first National Criminal Discovery Coordinator. In this role, he oversees a wide range of national initiatives designed to provide federal prosecutors with training and resources relating to criminal discovery, including a Handbook on Criminal Discovery and Case Management, training for prosecutors and law enforcement agents, and review of criminal discovery policies nationwide. He is also the primary liaison to all United States Attorneys’ Offices and Department components on these and other discovery-related matters, including electronic discovery issues in criminal cases. Most recently, Mr. Goldsmith served as the First Assistant Chief of the Justice Department’s Environmental Crimes Section, where his responsibilities included supervising many of the nation’s most complex environmental prosecutions. In 2005-06, he successfully prosecuted the Atlantic States case in New Jersey, an eight-month trial that is the longest environmental crimes-related prosecution in United States history. For his efforts in this case, Mr. Goldsmith received the Attorney General’s John Marshall Award, having received the Attorney General’s Award for Distinguished Service the prior year. As part of his responsibilities, Mr. Goldsmith has developed and presented training on worker endangerment, environmental terrorism, and laboratory fraud.

Ron Hedges
Ronald J. Hedges LLC

Ron is a special master, arbitrator, and mediator e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. Ron is a member of BNA’s Digital Discovery and Electronic Evidence Advisory Board. He is also a member of The Sedona Conference, and E-Discovery Institutes of Georgetown University Law Center, where he teaches e-discovery and e-evidence. Ron is author of Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a coauthor of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007).

Justin P. Murphy
Counsel
Crowell & Moring


Justin P. Murphy is a counsel at Crowell & Moring's Washington, D.C. office, where he practices in the White Collar & Regulatory Enforcement Group and E-Discovery and Information Management Group. Justin's practice focuses on SEC enforcement, white collar criminal matters, e-discovery matters relating to internal and government investigations, and related civil litigation. He has represented and counseled corporate and individual clients in all phases of securities, white collar criminal and civil investigations and proceedings involving the SEC, FINRA, Department of Justice, Immigration and Customs Enforcement, CFTC and other agencies.

Kenneth J. Withers
Director of Judicial Education and Content
The Sedona Conference®

Ken is the Director of Judicial Education and Content for The Sedona Conference®, an Arizona-based non-profit law and policy think tank which has been on the forefront of issues involving complex litigation, intellectual property and antitrust law. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 250 conferences and workshops for legal, records management, and industry audiences. His more recent publications include "Ephemeral Data" and the Duty to Preserve Discoverable Electronically Stored Information, 37 U. Balt. L. R. 349 (2008) and Living Daily with Weekly Homes, Texas State Bar Advocate, Vol, 51 (Summer 2010), p. 23. From 1999 through 2005, Ken was a Senior Education Attorney at the Federal Judicial Center in Washington DC, where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. He contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).