Getting Evidence In or Keeping It Out: Winning Strategies for Admitting or Blocking Social Media Posts, Texts, Emails, and AI-Generated Content

James W. Balmer | Falsani, Balmer, Peterson & Balmer

Since 1973, Jim Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals in those areas. He has handled car crashes, trips and falls, worksite injuries, defective product claims, dog attacks, liquor liability claims, and other bodily injury matters. Jim lectures at various seminars, primarily in the area of trial tactics.

Jim is admitted to practice before all Minnesota and Wisconsin courts, both state and federal, and has tried cases throughout both states. He has argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals, headquartered in St. Louis and St. Paul.

His experience and familiarity with courtroom law results in Jim having been certified as a civil trial specialist by the National Board of Trial Advocacy since 1986, nearly 40 years. He has been certified in this specialty by the Minnesota State Bar Association since 1987, the first year the MSBA recognized such specialty certification.

Jim has been a member of the American Board of Trial Advocates (“ABOTA”) since 2002 and is currently ranked as a Diplomate, the most exclusive classification of non-judicial membership. He is the only ABOTA Diplomate in Minnesota north of the Twin Cities.

Jim has been recognized as a Minnesota Super Lawyer in Plaintiff’s Personal Injury for well over 25 years. He is also listed as “AV-Preeminent”, the highest ranking, by Martindale-Hubbell attorneys listings.

Jim is listed in the prestigious “Best Lawyers in America” as a personal injury specialist representing plaintiffs. This same listing service has recognized Jim as Duluth area Plaintiff’s Personal Injury Lawyer of the Year in 2017 and 2019.

Jim was named the 2010 Volunteer Attorney of the Year for the Sixth Judicial District by the Volunteer Attorney Program. The award recognizes the lawyer who has given most generously of his or her time and talents to provide free legal help to lower income residents of northeastern Minnesota.

Jim is past president of the Duluth Bethel Society and past member and vice-president of the Animal Allies Boards of Directors. He has also served on the Board of Duluth Union Gospel Mission.

Bennett L. Gershman| Elisabeth Haub School of Law

University Distinguished Professor Bennett Gershman has been a professor of law at the Elisabeth Haub School of Law since its founding as the Pace Law School in 1976. He has also taught as a visiting professor at Cornell Law School and Syracuse Law School. Prior to coming to Pace, Gershman was a prosecutor in the New York State Anti-Corruption Office, where he argued cases in state and federal courts involving public and political officials charged with corruption.

Gershman has written four books, more than 75 articles in law journals, and hundreds of book reviews, essays, and op-ed pieces. His treatise, Prosecutorial Misconduct, initially published in 1985 and now in its 2nd edition, has become a preeminent resource for scholars and practitioners seeking guidance on wrongful convictions.

As a leading authority in the country on prosecutorial misconduct, Gershman is continuously called upon by the news media for his expertise. He is routinely quoted by the New York Times, the Washington Post, the Los Angeles Times, and The Wall Street Journal, as well as by a host of local publications. He has served as an expert witness on prosecutorial misconduct in numerous criminal cases. He also has devoted much of his time to training prosecutors and judges.

Professor Gershman was named a Pace University Distinguished Professor in 2020, the highest honor the University bestows upon faculty. His lifetime work was recognized in a special edition of the Ohio State Journal of Criminal law dedicated to and “In Honor of Prof. Bennett L. Gershman” in 2019. In 2022, he was honored with a Lifetime Achievement Award by the New York Law Journal for his impact on the legal community and the practice of law over his entire career.

Attesting to his teaching effectiveness, Gershman has received the Outstanding Professor of the Year award from graduating students eight times in the past 20 years. His sensitivity to the student experience is evidenced by his book, The Law School Experience: Law, Legal Reasoning and Lawyering (2000; co-authored with Lissa Griffin), which seeks to demystify the experience of being a law student. Registration for his classes often closes quickly.

Paul Leopold | KoonsFuller

Paul M. Leopold is double board certified in both Family Law and Civil Appellate Law by the Texas Board of Legal Specialization. While focusing his practice on family law appeals, he also helps trial counsel with all aspects of a case from beginning to end. He has successfully represented clients in both state and federal trial and appellate courts.

Session I – The Rules of Evidence | 12:00pm – 2:00pm

• Scope of permissible expert opinion
• The permissible scope of lay witness testimony

Break | 1:00pm – 1:10pm

• Foundation for out-of-court statements
• Scope of the Rule against Hearsay

Break | 2:10pm – 2:20pm

Session II — Evidentiary Challenges in the Courtroom: Analysis and Advocacy | 2:20pm – 4:00pm

• Relevance and admissibility
• Authentication

Break | 3:20pm – 3:30pm

• Hearsay and exceptions
• Misconduct in presenting evidence

Session III – Practical Application of the Rules of Evidence: Getting Evidence in and Keeping It Out | 4:00pm – 5:10pm

• Electronic evidence, including social media and artificial intelligence
• How to present evidence in court

Break | 4:30pm – 4:40pm

• How to admit evidence
• How to object to evidence