Mock Motion in Limine Arguments to Exclude ESI

Michael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20^th, 2008.

 The Best Practices Summit included a mock motion in limine hearing.  In the fictional case, the Plaintiffs attempted to prove breach of contract and break of fiduciary duty with email messages, native file contracts and a voice mail.  The Defendants sought to exclude these exhibits on admissibility grounds.

 Watch Mr. Berman’s arguments to see the admissibility challenges to the electronically stored information.  Also note, on the right screen you can see CT Summation iBlaze with a Real Time transcript and on the left screen the exhibits presented with Trial Director by inData Corporation. 

Witness Cross Examination on Social Networking Evidence

The following Cross Examination is from the Ivize Mock Trial in Palo Alto on October 21, 2008.

The fictional case was Main Street Auto v. At Home Accounting.  Main Street Auto used At Home Accounting as an online accounting service.  At Home Accounting was hacked, resulting in the loss of plaintiffs’ financial data, resulting in identity theft and monetary damages. Main Street Auto sues for breach of contract, breach of fiduciary duty and negligence.

“Dale Patton” was a defendant who blogged about problems with At Home Accounting’s security and his personal practices at work. The key exhibits included text messages, a Facebook profile and a blog.

The masterful cross examination was conducted by Charles Smith, Esq., of Hartnett, Smith & Associates.