8:55 Welcome and Introductions
9:00 Uncovering Hidden Data in Family Law Cases‡
Michael C. Maschke, Sensei Enterprises Inc., Fairfax, VA
Focusing primarily on family law, this session covers how digital forensics experts uncover hidden data, how clients and users attempt to hide assets and new trends experts are seeing in cases. Michael Maschke explaines how these experts anaylyze mobile devices, computer systems and social media.
10:01 The Intersection of Co-Parenting and Domestic Violence‡
Steven Bradley, OurFamilyWizard, Dallas, TX
Gain insight into how offenders use technology to locate confidential shelters, how spoofed communication can have impacts in court and recording and utilizing all communication in high conflict cases.
11:05 Break
11:15 Digital Fatigue†
Warren T. Savage, Lawyers Mutual Liability Insurance Company of NC, Cary
Family law by its nature creates stressful situations for all involved. Layed on top of the never-ending stream of emails, social media posts, twitter news feeds and other digital media any sane person would be overwhelmed. Learn strategies on how to stem the tide of this flood to stay mentally healthy!
12:16 Lunch Break
12:46 Case Law Update With Special Panel Discussion: Part 1
Lee C. Hawley, Roberson Haworth & Reese PLLC, High Point
Elizabeth J. "Libby" James, Offit Kurman, Charlotte
Rebecca K. Watts, Collins Family Law Group, Monroe
This panel tackles case law updates and evidence in a distinct manner —specific cases over the past year are chosen and analyzed from three perspectives. The first hour discusses new and important case updates.
1:49 Case Law Update With Special Panel Discussion: Part 2
Lee C. Hawley, Roberson Haworth & Reese PLLC, High Point
Elizabeth J. "Libby" James, Offit Kurman, Charlotte
Rebecca K. Watts, Collins Family Law Group, Monroe
In this second hour, the panelists delve into the identification of evidentiary issues that relate in some fashion to the digital age.
2:50 Break
3:00 Case Law Update With Special Panel Discussion: Part 3
Lee C. Hawley, Roberson Haworth & Reese PLLC, High Point
Elizabeth J. "Libby" James, Offit Kurman, Charlotte
Rebecca K. Watts, Collins Family Law Group, Monroe
In the last hour, hear a "through-the-looking-glass" discussion of strategy and application in future cases.
3:59 Adjourn
† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit
Thank you for joining us for Evidentiary Issues: The Digital Family World (2023 Family Law Section Spring Program).
Sting had it mostly right: we are spirits in a digital world. The expansion of access to information over the past 20 years has led to an expansion of the evidence family lawyers can use for and against parties and families enduring divorce proceedings.
Steven Bradley is a Safety and Technology Expert with OurFamilyWizard in Dallas, TX.
With an extensive law enforcement career focusing on investigating crimes against persons, specializing in sex crimes, child abuse, domestic violence, and crimes against the elderly, Steven was recruited by the FBI to start a task force that would investigate technology and cyber-related crimes. After returning from the FBI Academy in Quantico, VA, he began combating many types of technology crimes including child pornography, cyberstalking, financial exploitation, and apprehending child predators.
Later in his career, Steven began working with State Coalitions, and local domestic violence/sexual assault centers on bridging the gaps between law enforcement and community partners to better support survivors and victims. It was there that Steven led many group discussions and trainings on proper investigative techniques and working together for offender accountability.
Now as part of the OurFamilyWizard professional team, Steven further promotes the empowerment and healthy communication between separated and divorced parents via technology. Steven is nationally recognized as an expert on law enforcement's response to intimate partner violence, abuse of the elderly, and stalking/cyberstalking.
As a National Trainer for the past 20 years, Steven is known for his real-world practical education and has provided training throughout the United States and U.S Territories on many related topics.
Click here for more information about Steven.
Lee C. Hawley is a member/manager with Roberson Haworth & Reese PLLC in High Point. He practices exclusively in the area of family law.
In 2013 Lee was recognized as a family law specialist by the North Carolina State Bar Board of Legal Specialization. He is a former member of the North Carolina Bar Association's Family Law Council. He has presented at numerous continuing education seminars throughout North Carolina on a variety of family law issues.
Lee earned his B.A. from Elon University and his J.D. from Florida State University.
When not practicing law, Lee enjoys spending time with his wife and two young sons.
Click here for more information about Lee.
Elizabeth J. "Libby" James is a principal at the Charlotte office of Offit Kurman. She is a certified Family Law Specialist and is certified by the Cooperative Parenting Institute as a Parent Coordinator. She practices family law with an emphasis on alimony, post-separation support, equitable distribution, separation agreements, premarital agreements, child support, child custody, contempt motions, qualified domestic relations orders, name changes and domestic violence protective orders and appeals.
Libby is a member of the North Carolina Bar Association, Mecklenburg County Bar Board of Directors and the American Bar Association.
Libby received her B.A. degree from the University of Tennessee and her J.D. degree from the University of South Carolina.
Click here for more information about Libby.
Michael C. Maschke is CEO/Director of Cybersecurity and Information Technology at Sensei Enterprises Inc. in Fairfax, VA. He has significant experience with network troubleshooting, design and implementation, security, systems integration and computer engineering.
Prior to his current role, Michael oversaw Sensei's digital forensics and information technology departments, which provided support to over 200 area law firms, legal entities and corporations.
Michael is a Microsoft Certified Systems Engineer, Microsoft Certified Systems Administrator and a Microsoft Certified Professional. He is an associate member of the American Bar Association and has spoken at the American Bar Association's TECHSHOW conference on the subject of cybersecurity. He is currently an active member of the ABA’s Law Practice Division: Technology Core Group and is on the Fairfax Law Foundation Board of Directors. He is also a member of the International Society of Forensic Computer Examiners (ISFCE). He is a 2019 Fastcase 50 award recipient.
Michael holds a degree in Telecommunications from James Madison University. He is an EnCase Certified Examiner (EnCE), a Certified Computer Examiner (CCE #744), a Certified Ethical Hacker (CEH) and an AccessData Certified Examiner (ACE). He is also a Certified Information Systems Security Professional (CISSP).
Click here for more information about Michael.
Warren T. Savage is Senior Claims Counsel at Lawyers Mutual Liability Insurance Company of North Carolina in Cary. He focuses on litigation, insurance law, appellate advocacy, criminal matters and professional responsibility in his work with Lawyers Mutual.
Warren currently serves as NC State Bar Councilor for District 10 and speaks frequently at CLEs around the state about professional responsibility and malpractice claims avoidance.
Warren graduated from the University of Virginia and earned a M.A. in Teaching at the University of North Carolina at Chapel Hill before graduating, magna cum laude, from Campbell University School of Law. He spent several years as a high school English teacher and junior varsity basketball coach before entering the legal profession.
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Ketan P. Soni is a partner with Soni Brendle PLLC in Charlotte. Since 2000, Ketan has represented clients in divorce, equitable distribution, alimony, child custody, child support, domestic violence, and appeals in Charlotte, Raleigh, and the surrounding areas. Ketan practices divorce law to achieve the best possible result with a "big picture" view of each case. Ketan is also a North Carolina DRC Certified Family Financial and Superior Court Mediator.
In 2011, Ketan saw the damage the court process inflicted on spouses and parents, and so he opened a mediation practice designed to help spouses create their own resolution without having to go to court. Ketan now teaches a 40-hour Mediation Training Course approved by the Dispute Resolution Commission of North Carolina.
Ketan received his B.A. degree from the University of Illinois at Urbana-Champaign and his J.D. degree from Wake Forest University School of Law.
Click here for more information about Ketan.
Rebecca K. "Becky" Watts is a partner and Chief Legal Officer at Collins Family Law Group in Monroe, where she is also the head of the appellate practice group. She represents clients at the trial court level for a select number of cases and also serves as a mediator or arbitrator in family law cases.
Becky's practice consists almost entirely of family law appeals and she has handled approximately 50 cases in the North Carolina Court of Appeals and North Carolina Supreme Court, dealing with issues such as custody, child support, equitable distribution, enforcement of separation agreements, annulments, domestic violence and contempt.
Becky is active with the North Carolina Bar Association's Family Law Section, the North Carolina Bar Association's Appellate Practice Section, the North Carolina Bar Association's Appellate Rules Committee, the Mecklenburg County Bar Association, and the Mecklenburg County Domestic Court Bar Committee. She is also a certified Family Law Specialist.
Becky earned her B.S. from Florida State University and her J.D. from the University of North Carolina at Chapel Hill School of Law.
Click here for more information about Becky.
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