Modern Trial Skills: How to Lay a Foundation, Avoid Hearsay, and Get Business Records, Social Media, and other ESI Into Evidence at Trial (2025 Edition)
Mr. Schneider focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions.
2 hour CLE
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Program Summary
This program provides a deep dive into the essential trial skills needed to successfully admit various forms of evidence. Participants will gain a clear understanding of the foundational elements required for evidence admission and learn practical techniques for avoiding hearsay pitfalls.
The session will also focus on the complexities of introducing modern digital evidence, such as business records, social media, and other electronically stored information (ESI), with practical examples and strategies for overcoming common challenges. Attendees will leave equipped with actionable insights to strengthen their evidentiary presentations and navigate modern trial scenarios effectively.
Key topics to be discussed:
- Laying the Foundation for Evidence Admission
- Navigating the Rule Against Hearsay
- Admitting Business Records into Evidence
- Presenting Social Media Evidence in Court
- Admitting Electronically Stored Information (ESI)
- Trial Strategies for Modern Evidence
Closed-captioning available
Speakers
Nicholas Schneider | Eckert Seamans Cherin & Mellott, LLC
Nicholas Schneider is a trial attorney with the national law firm Eckert Seamans. Mr. Schneider focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions. He has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations.
In a recent three-week trial in Massachusetts Superior Court, Mr. Schneider obtained a million-dollar judgment for his client, including an award of attorney’s fees, which was recently upheld on appeal. He earned his B.A. degree, cum laude, from Northeastern University and his J.D. degree from Georgetown University Law Center.
Agenda
I. Laying the Foundation for Evidence Admission | 1:00pm – 1:20pm
II. Navigating the Rule Against Hearsay | 1:20pm – 1:40pm
III. Admitting Business Records into Evidence | 1:40pm – 2:00pm
Break | 2:00pm – 2:10pm
IV. Presenting Social Media Evidence in Court | 2:10pm – 2:25pm
V. Admitting Electronically Stored Information (ESI) | 2:25pm – 2:50pm
VI. Trial Strategies for Modern Evidence | 2:50pm – 3:10pm
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