Electronic Evidence Presentation 800 years 1195 28 years

Electronic Evidence Presentation

800+ years 1195 28 years 2009 1981

Lawyers who use laptops in court 1983 2005 – 30% 2007 - 37% 2009 – 47%

1983 Technology = Competitive Advantage

20 th Century Court:

21 st Century Court:

21 st Century Court: Hardware Software

Presentation Hardware: Primary Back-Up Laptops

Presentation Hardware: Evidence Cam

Presentation Hardware: Projector & Monitors

Presentation Hardware: VGA Splitter

VGA Splitter:

Software: Linear Non-Linear

Linear Software: Power. Point Key. Note

Non-Linear Software:

Power. Point Tips & Tricks:

Professional Backgrounds:

An agreed amount? § Between 3 -5 percent § Closing value § To be decided later § At least 3% § Net closing value

Bumper Sticker Titles:

Bumper Sticker Titles: W E N K E M C A TRUTH OR FICTION? A DEAL IS A DE AL GET IT IN WRITING

Use Color Effectively:

Use Color: Stop, Bad, Danger Caution, Look, Change Go, OK, Money, PC

Use Color: Believable, Good, Honest Serious, Take Notice, Death

Callouts Are King:

Lies About His Own Name: I “never” go by the name “David ‘Jacob’ Dadon. ”

Brian Avoided the Problem: “Told her you were not in – as per your instructions. ”

Exhibit 1

Exhibit 1 January 1, 1995. January 1, 2000. October 1, 2004.

Exhibit 1 January 1, 1995. January 1, 2000. October 1, 2004.

Use Fewer Words:

Not This:

Better:

Use Pictures Instead:

Ferti. Corp: • High-tech manufacturing facility • Located in Venezuela • Produces granulated urea and ammonia

Ferti. Corp:

Ferti. Corp:

Ferti. Corp: Ammonia Granulated Urea

Use Video:

President: “I don’t Recall”

. . . But Keep it Short.

Ever go by “David ‘Jacob’ Dadon”? “Nope”

Make Documents Speak:

“Nope”? “David Jacob Dadon”

Use Chronologies

They Ignored The Warnings Product Developed 5/06 5 Trial Failures 3/07 Deaths Begin 2/08

Use Motion Paths

The Escape Route

The Money Was Diverted BANK PLAINTIFF $ DEFENDANT

Contractual Relationships: The ABC Partnership XYZ Owner XYZ Providing Management, Commercial and Administration Services and Contracting Directly with Vendors and the Constructor B&G Providing General Engineering and Construction Management with a Not To Exceed Price Guarantee and 50/50 Sharing of savings ENGINEERING PROCUREMENT B&O : Advisor Detail Design/ Construction Engineering XYZ: Enters Agreements Directly 57 CONSTRUCTION Constructor to be Mutually Selected

All Major Equipment Components Changed Air Inlet Combustion Turbine Stack Natural Gas Fuel HRSG Exhaust Gas C. T. Generators Fuel Oil Fuel Exhaust Gas Bus Duct Steam Piping Circ Water Piping Condenser S. T. Generator 58 Steam Turbine

Mismo v. Flinders “Arson” What caused the fire? Olsen Pincus Jones Smith

Mismo v. Flinders “Technically should have been classified as an accident. ” (PINCUS DEPO. 384: 4 -7) What caused the fire? Hansen Pincus Jones Smith

What caused the fire? Mismo v. Flinders “No evidence of a timing device or accelerant was found at the site. ” (BILL SMITH DEPO. 99: 18 -20, 101: 18 -20) Hansen Pincus Jones Smith

What caused the fire? Mismo v. Flinders “Q. Could the fire have been an accident? A. Yes. ” (BILL JONES DEPO. 266: 16 -17, 22 -24) Hansen Pincus Jones Smith

Final Thoughts:

Final Thoughts: 1. Technology cannot mask a weak case, but can be a competitive advantage.

Final Thoughts: 2. Use only what you are comfortable with.

Final Thoughts: 3. Technology should supplement, not distract from the presentation.

Technology. In. Litigation. com

Al Lindsay AFLindsay@hhlaw. com