Mobile Evidence Recovery Without the Device: No-Delay Tactics to Authenticate, Admit, and Secure Data from Cloud, Metadata, and Alternative Sources Before It’s Lost

Brett Burney
Daniel Garrie
J-Michael Roberts
Laurence D. Lieb
Kenneth N. Rashbaum
Brett Burney | Nextpoint
Daniel Garrie | Law & Forensics LLC
J-Michael Roberts | Law & Forensics LLC
Laurence D. Lieb | Tyger Forensics
Kenneth N. Rashbaum | Barton LLP
Re-Broadcast: July 29, 2026

3 hour CLE

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Program Summary

When a phone is lost, wiped, encrypted, or sitting in the opposing party's pocket, counsel often treats the messages, location data, and app activity as gone — and that assumption forfeits the case. The data survives the device in cloud backups, carrier records, provider logs, and social media, but only briefly: provider retention windows close on their own schedule, and once the data ages out, no subpoena brings it back. Generative AI now hits the same evidence from two directions, degrading the metadata used for attribution and forcing new Daubert and Frye fights over AI-enhanced and AI-generated proof. Any litigator relying on a party's communications — personal injury, family, commercial, or criminal — is exposed the moment they wait for the device instead of moving on the cloud. Brett Burney, Daniel Garrie, J-Michael Roberts, Laurence Lieb, and Kenneth Rashbaum cover subpoenaing providers and cloud sources, using metadata to authenticate and attribute, drafting AI service agreements, and laying evidentiary foundations under Daubert and Frye. You leave able to secure mobile evidence before it expires and to authenticate or challenge it once AI is in the mix.

What will you learn

Attorneys will learn how to collect, authenticate, and establish admissibility for electronically stored information from cloud services, mobile devices, and AI-generated sources.

What will you gain

Attorneys will gain practical knowledge of forensic tools, metadata preservation techniques, and strategies to meet evidentiary challenges for digital evidence in litigation.

Key topics to be discussed:

  • ESI Collection
    How to collect electronically stored information from cloud platforms, email services, and collaboration
    tools.
  • Metadata Authentication
    Methods to preserve and authenticate metadata in cloud-based environments for trial evidence.
  • AI Admissibility
    Meeting court requirements for explainable AI and overcoming Daubert or Frye challenges.
  • Mobile Forensics
    Techniques for collecting smartphone evidence from devices, backups, cloud storage, and social media.
  • Cloud Preservation
    Proactive preservation requests to cloud providers and understanding service tier limitations.
  • OSINT Methods
    Using open source intelligence tools to unmask anonymous communications and verify identities.

This course is co-sponsored with myLawCLE.

Date / Time: July 29, 2026

  • 1:00 pm – 4:30 pm Eastern
  • 12:00 pm – 3:30 pm Central
  • 11:00 am – 2:30 pm Mountain
  • 10:00 am – 1:30 pm Pacific

Closed-captioning available

Speakers

Brett Burney | Nextpoint

Brett Burney is the eLaw Evangelist at Nextpoint, where he focuses on educating attorneys and legal organizations on the effective and defensible management of electronically stored information (ESI), including collection, review, and production obligations in e-discovery. Through his work with law firms and corporate legal departments, Brett helps legal professionals navigate complex e-discovery challenges and technology integration issues. He also serves as Vice President of eDiscovery Consulting at the Nextpoint Law Group. Widely recognized as a legal technology educator and speaker, Brett regularly presents nationwide on legal technology, e-discovery, and law practice innovation. In addition to his e-discovery work, he is known for helping attorneys integrate Apple technology into legal practice and for co-authoring leading legal technology publications.

  • Education & Credentials

Brett Burney is an experienced legal technology consultant, educator, and e-discovery professional with extensive expertise in electronically stored information (ESI), legal technology integration, and e-discovery workflow management. He serves as Vice President of eDiscovery Consulting at the Nextpoint Law Group and has developed a national reputation for advising lawyers and legal organizations on defensible discovery practices and technology adoption.

  • Recognition & Leadership

Brett has held several prominent leadership roles within the legal technology and e-discovery community. He served as Chair of the 2015 ABA TECHSHOW Planning Board and currently serves as Co-Chair of the 2026 ABA TECHSHOW Planning Board. He is also a Trustee for the EDRM 2.0 Project and a member of Working Group 1 of The Sedona Conference, organizations widely recognized for their leadership in e-discovery standards and best practices.

  • Professional Involvement

Brett is an active educator and speaker who regularly presents to lawyers, law firms, and legal organizations across the country on e-discovery, legal technology, and law practice management. He co-authored eDiscovery For The Rest Of Us, a practical guide designed to help small and mid-sized law firms better understand available e-discovery solutions and workflows. He also co-authored the American Bar Association-published book Macs in Law: The Definitive Guide for the Mac-Curious, Windows-Using Attorney, which focuses on integrating Apple devices into legal practice. In addition, Brett co-hosts the weekly In the News podcast alongside Jeff Richardson of iPhone J.D., discussing current developments in legal technology and Apple-related tools for attorneys.

  • Experience

Through his work at Nextpoint and the Nextpoint Law Group, Brett advises law firms and corporate legal departments on managing e-discovery obligations, defensible document review, and electronic evidence production. His consulting work focuses on helping legal teams implement practical, technology-driven solutions for handling electronically stored information efficiently and compliantly. Brett also has significant experience training attorneys on the use of Macs, iPhones, iPads, and related technology within legal practice environments, combining technical knowledge with practical guidance tailored to legal professionals.

 

Daniel Garrie | Law & Forensics LLC

Daniel B. Garrie, Esq. is the Founder and Managing Partner of Law & Forensics LLC, where he leads the firm’s cybersecurity, e-discovery, and digital forensics practice groups. Widely recognized for his work at the intersection of law and technology, Daniel has built the firm into a leading boutique practice serving Fortune 100 companies, global financial institutions, and government agencies in complex cybersecurity, forensic, and high-stakes litigation matters. In addition to his legal practice, Daniel serves as a neutral with JAMS, acting as an arbitrator, mediator, and e-discovery Special Master in sophisticated disputes. He is also an Adjunct Professor at Harvard University, where he teaches Information Security, Computer Forensics, and Cybersecurity Law.

  • Education & Credentials

Daniel Garrie earned both a B.A. and M.A. in Computer Science from Brandeis University, providing him with a strong technical foundation that complements his legal practice. He later earned his J.D. from Rutgers Law School. With more than 20 years of experience as both a technologist and attorney, Daniel combines advanced technical expertise with deep legal knowledge in cybersecurity, digital forensics, and e-discovery matters.

  • Recognition & Leadership

Daniel is recognized as a leader in cybersecurity, digital forensics, and e-discovery. As Founder and Managing Partner of Law & Forensics LLC, he oversees multidisciplinary teams handling complex forensic and cybersecurity engagements for major corporations, financial institutions, and government entities. He also serves in prominent neutral roles with JAMS, acting as an arbitrator, mediator, and Special Master in complex litigation involving electronic discovery and technology-related disputes.

  • Professional Involvement

In addition to his active legal and consulting practice, Daniel is deeply involved in legal and academic education surrounding cybersecurity and digital evidence. As an Adjunct Professor at Harvard University, he teaches courses on Information Security, Computer Forensics, and Cybersecurity Law, helping educate future lawyers and professionals on emerging legal and technological issues. His work frequently bridges the gap between legal strategy, cybersecurity preparedness, and forensic investigation.

  • Experience

Daniel has more than two decades of experience handling cybersecurity, e-discovery, and digital forensic matters for Fortune 100 companies, global financial institutions, and government agencies. Through Law & Forensics LLC, he advises clients in high-stakes investigations, litigation, and incident response matters involving electronic evidence, cyber risk, and forensic analysis. His experience also includes serving as a neutral in complex disputes, where he assists courts and parties in managing sophisticated e-discovery and technology-related litigation challenges.

 

J-Michael Roberts | Law & Forensics LLC

J-Michael Roberts is Senior Director at Law & Forensics LLC and leads the firm’s New York office, where he specializes in digital forensics, cybersecurity investigations, and incident response. Widely recognized for his technical expertise and investigative experience, Mr. Roberts serves as a forensic examiner, expert consultant, and testifying expert in U.S. District Courts, state courts, and international arbitrations. His work spans complex cyber investigations involving state-sponsored intrusions, digital fraud, insider trading, malware analysis, and enterprise incident response. Prior to joining Law & Forensics, he worked at Stroz Friedberg, where he helped develop portable forensic networks for onsite investigations and managed forensic response teams. In addition to his investigative work, Mr. Roberts has contributed significantly to the cybersecurity community through projects such as the VirusShare malware repository and the Black Harrier Linux Distribution.

  • Education & Credentials

J-Michael Roberts holds several respected certifications in the fields of digital forensics and cybersecurity, including the Certified Computer Examiner (CCE) credential from the International Society of Forensic Computer Examiners and the GIAC Reverse Engineering Malware (GREM) certification from SANS Institute. These credentials reflect his advanced technical expertise in malware analysis, forensic investigation, and cybersecurity incident response.

  • Recognition & Leadership

As Senior Director and head of the New York office at Law & Forensics LLC, Mr. Roberts leads forensic and cybersecurity investigations involving high-profile cyber incidents and complex litigation matters. He is recognized for his expertise as both a consulting and testifying expert in federal courts, state courts, and international arbitration proceedings, particularly in matters involving digital evidence, cyber intrusions, and forensic analysis.

  • Professional Involvement

Mr. Roberts has made notable contributions to the cybersecurity and digital forensics community through the creation of the VirusShare malware repository, a widely recognized resource for malware research and analysis, and the Black Harrier Linux Distribution. His professional work also includes advanced malware reverse engineering, mobile device investigations, server and network forensic analysis, and enterprise incident response consulting.

  • Experience

Mr. Roberts has extensive experience leading complex cyber investigations involving state-sponsored breaches, insider trading, digital fraud, and sophisticated incident response scenarios. Prior to joining Law & Forensics LLC, he worked at Stroz Friedberg, where he developed portable forensic networks for onsite investigations and managed forensic response teams in high-stakes matters. Across his career, he has served as a forensic examiner, expert consultant, and testifying expert in a wide range of legal and investigative forums involving cybersecurity, digital evidence, and forensic technology.

 

Laurence D. Lieb | Tyger Forensics

Laurence D. “Larry” Lieb is the CEO of Tyger Forensics and a highly experienced computer forensics and electronic discovery professional with more than two decades of expertise in digital evidence recovery and forensic analysis. Since entering the field in 1998, Larry has built a reputation for handling complex forensic investigations and recovering electronic evidence that other forensic providers were unable to retrieve. He has been qualified as a subject matter expert in multiple federal and state courts, where he has provided expert analysis and testimony involving computer forensics and electronically stored information (ESI). Through his leadership at Tyger Forensics, Larry works on sophisticated electronic discovery and digital evidence matters requiring advanced technical expertise and forensic precision.

  • Education & Credentials

Larry Lieb is an experienced computer forensics and electronic discovery expert with specialized expertise developed through decades of hands-on forensic investigation and digital evidence recovery work. He has been qualified as a subject matter expert in multiple federal and state courts, reflecting recognition of his technical knowledge and forensic expertise in litigation and investigative matters.

  • Recognition & Leadership

As CEO of Tyger Forensics, Larry leads a forensic and electronic discovery practice recognized for its ability to recover and analyze electronic evidence in particularly challenging cases. His reputation in the field stems from successfully retrieving digital evidence that competing forensic practices were unable to recover, making him a trusted expert in complex forensic investigations and litigation support.

  • Professional Involvement

Larry has extensive involvement in the fields of computer forensics and electronic discovery, regularly supporting legal teams and courts with forensic analysis, electronic evidence recovery, and expert consultation. His work frequently involves the preservation, acquisition, and examination of electronically stored information in high-stakes litigation and investigative matters.

  • Experience

Since 1998, Larry has worked extensively in computer forensics and electronic discovery, handling sophisticated matters involving digital evidence recovery and forensic analysis. Through Tyger Forensics, he has led investigations requiring advanced forensic techniques to recover electronic evidence from complex or damaged systems. His experience also includes serving as a qualified subject matter expert in federal and state courts, where he provides expert testimony and technical analysis related to computer forensics and electronic discovery.

 

Kenneth N. Rashbaum | Barton LLP

Kenneth N. Rashbaum is a nationally recognized attorney and educator focusing on artificial intelligence, cybersecurity, privacy, e-discovery, electronic evidence, and information governance. He advises multinational corporations, financial services institutions, life sciences organizations, healthcare entities, and technology companies on complex regulatory, compliance, and litigation matters involving emerging technologies and data management. Ken’s practice spans AI governance, breach response, privacy compliance, electronic evidence, technology contracts, and cross-border data protection issues. He is particularly known for his work at the intersection of AI, privacy, cybersecurity, and litigation risk management, including advising clients on AI acquisition, deployment, monitoring, insurance coverage, and AI-generated evidence. In addition to his legal practice, Ken serves as an Adjunct Professor at Fordham University School of Law, where he teaches technology law, including AI regulation, privacy law, and the admissibility of AI-generated evidence.

  • Education & Credentials

Kenneth Rashbaum is an experienced technology, privacy, and cybersecurity attorney with extensive expertise in artificial intelligence governance, electronic evidence, information management, and healthcare privacy compliance. He currently serves as an Adjunct Professor at Fordham University School of Law and previously taught at Hofstra University School of Law from 2013 to 2015, focusing on technology law, privacy, cybersecurity, and AI-related legal issues.

  • Recognition & Leadership

Ken is widely recognized for his leadership in privacy, cybersecurity, AI governance, and healthcare compliance. In 2019, he served as a special consultant to the New Jersey Assembly on proposed comprehensive privacy and cybersecurity legislation and testified before the Homeland Security and State Preparedness Committee. Earlier in his career, he was a senior litigation partner at Sedgwick LLP, where he founded the firm’s E-Discovery, Compliance and Data Management, and HIPAA Practice Groups, helping shape its technology and privacy practice capabilities.

  • Professional Involvement

Ken actively advises clients on the development and implementation of AI governance frameworks, including AI acquisition and deployment policies, data-sharing agreements, AI model agreements, and corporate AI training programs. His academic work at Fordham University School of Law covers AI regulation, including the EU AI Act, U.S. state privacy laws, cybersecurity obligations, and the evidentiary issues surrounding AI-generated content. He also counsels organizations on social media compliance, cyber liability insurance, privacy notices, and information governance strategies across industries including healthcare, life sciences, finance, and technology.

  • Experience

Ken has extensive experience advising multinational corporations, healthcare systems, financial institutions, cloud providers, app developers, and life sciences organizations on AI, privacy, cybersecurity, e-discovery, and regulatory compliance matters. He regularly prepares and negotiates technology agreements, leads information security and breach response investigations, and represents organizations in audits, investigations, and litigation involving electronic evidence and data management issues. A nationally recognized healthcare privacy expert, Ken has served as HIPAA and privacy counsel to hospitals, health plans, physician groups, and healthcare technology providers, guiding clients on protected health information compliance, electronic health record security, and patient data risk management.

Agenda

SESSION 1 – Digital Evidence Without Devices: Service Providers and Cloud Access | 1:00pm – 2:00pm

This session explores best practices for efficiently reviewing and producing ESI, practical strategies for cost-effective ESI management, and key considerations for selecting and overseeing e-discovery vendors throughout the litigation process.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Unlocking Metadata to Authenticate and Attribute Cloud-Based Evidence | 2:10pm – 2:55pm

This session examines what metadata can reveal, common production pitfalls, the impact of generative AI on metadata reliability, and practical strategies for attribution and authentication in cloud-based and mobile digital environments.

BREAK | 2:55pm – 3:05pm

SESSION 3 – Providers in AI-Based or Enhanced Evidence Admissibility Challenges | 3:05pm – 3:50pm

This session explores drafting AI service agreements, establishing evidentiary foundations for AI-generated evidence, addressing Daubert and Frye challenges, and developing persuasive admissibility arguments involving generative and predictive AI in litigation.

BREAK | 3:50pm – 4:00pm

SESSION 4 – Unlocking Smartphone Evidence from Multiple Sources | 4:00pm – 4:30pm

This session examines smartphone evidence collection, the primary sources of recoverable mobile data, strategies for obtaining communication evidence through subpoenas and agreed orders, and effective methods for collecting evidence about opposing parties in litigation.

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