FRE 902(13) and (14): Self-Authentication of ESI, Best Practices From Sedona Commentary on Admissibility
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide litigators in using Federal Rules of Evidence 902(13) and (14) to have records derived from electronic sources admitted into evidence. The panel will discuss the scope of the rules, state analogs, and avoiding unexpected stumbling blocks when obtaining the necessary certifications for self-authentication.
Outline
- Overview of Federal Rules of Evidence 902(13) and (14)
- Purpose and scope of rules
- Evidence subject to Rules 902(13) and (14)
- Best practices for self-authentication and admissibility of ESI
- The "Sedona Conference Commentary on ESI Evidence and Admissibility"
Benefits
The panel will review these and other relevant topics:
- What types of evidence are subject to FRE 902(13) and (14)?
- Who is qualified to authenticate that ESI offered in evidence is identical to the source?
- What are forensically sound methods to support the authentication of ESI to a judge and opposing parties?
- What are common admissibility disputes over ESI that arise in litigation?
- When do records qualify as self-authenticating under FRE 902(13) and (14)?
Faculty
Kathryn A. Honecker, Esq.
Partner
Lewis Brisbois Bisgaard & Smith
Ms. Honecker is a partner in the Phoenix office of Lewis Brisbois and a member of the Class Action & Mass Tort and... | Read More
Ms. Honecker is a partner in the Phoenix office of Lewis Brisbois and a member of the Class Action & Mass Tort and Professional Liability Practices. She joined Lewis Brisbois’ Phoenix Office in 2019 with more than 20 years of litigation experience in class actions and other complex and commercial litigation. Throughout her career, Ms. Honecker has represented parties in litigation involving a variety of subjects and claims, including breach of contract, fraud/consumer fraud/misrepresentation, post-secondary educational issues, data breach, professional liability, negligence, antitrust violations, securities fraud, Ponzi schemes, civil rights violations, discrimination, sexual harassment, and employment issues. Ms. Honecker has also advised companies on securities, insurance, and regulatory issues. Ms. Honecker has been active in the class action bar, having chaired both the Class Action and Derivative Suits and the Consumer Litigation Committees of the American Bar Association’s Section of Litigation, and often writes and speaks on class action subjects.
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Edward T. Kang
Managing Member
Kang Haggerty
Mr. Kang is the Managing Member of Kang Haggerty, and a member of the firm’s Philadelphia office. He devotes his... | Read More
Mr. Kang is the Managing Member of Kang Haggerty, and a member of the firm’s Philadelphia office. He devotes his practice to business litigation and Relator’s side qui tam litigation through Kang Haggerty’s whistleblower division. Rated AV Preeminent on Martindale-Hubbell, Edward is recognized as providing exceptional legal counsel and support to his clients. Edward regularly tries cases, including jury trials. He recently received a $6 million verdict in a civil RICO jury trial. As part of his business litigation practice, Edward carries expertise in a variety of areas, including contract disputes, business torts (such as fraud, tortious interference, and unfair competition), civil RICO, and breach of fiduciary duty. Edward focuses on shareholder and partnership break-ups, and he has represented both majority and minority interest holders in such disputes.
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Kandis L. Kovalsky
Member
Kang Haggerty
Ms. Kovalsky is a trial lawyer and a member of Kang Haggerty in the firm’s Philadelphia office. Her practice... | Read More
Ms. Kovalsky is a trial lawyer and a member of Kang Haggerty in the firm’s Philadelphia office. Her practice focuses on a broad range of high stakes business-related civil litigation in Pennsylvania, New Jersey, and New York state and federal courts and arbitral tribunals, and representing Relators in high stakes qui tam actions filed under the federal and state False Claims Acts through Kang Haggerty’s whistleblower division. In her commercial litigation practice, Kandis represents both individual and institutional clients in litigation over fiduciary duties, securities fraud, trade secrets, business torts, partnership, shareholder, and Board disputes, contractual disputes, unfair and deceptive business practices actions. Kandis' whistleblower practice focuses on healthcare fraud on government healthcare payors such as Medicare, Medicaid, and TRICARE. Kandis litigates and manages complex qui tam cases in which the government declines to intervene. While many whistleblower lawyers often do not have the experience or resources to litigate complex declined cases, Kandis utilizes her extensive experience and background as a commercial litigator to successfully prosecute declined cases.
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