multi-disciplinary approach. In the first session, Fellow Michael
L. Levy, a retired federal prosecutor, and Justin Price,
a former FBI computer forensic expert now in the private
sector, presented on the technical subjects of how computer
and handheld devices store and transmit various kinds
of information and how that information can be retrieved,
using as its “hypothetical” the Boston Marathon Bombing
investigation in which Price participated when with the FBI.
The program then addressed constitutional implications of
the manner in which evidence is gathered and its admission
under the rules of evidence.
In the second three-hour session, the presentation focused
on judicial management of digital evidence primarily in
civil cases. An expert in data hosting and retrieval and
a lawyer expert in handling of such evidence in largescale
MDL proceedings, addressed the means by which
judges can control and regulate the handling of digital
evidence. Notably, a portion of the presentation focused
on the manner in which counsel collect, maintain, search
and disclose what can be vast volumes of digital data.
At the start of each session, Dr. Feiler explained the role of the
College and expressed his appreciation for the College’s willingness
to partner with his office in presenting interesting and
informative content to the judges who appreciate the opportunity
to learn from lawyers skilled at the tasks in question.
Justice Donahue’s casual remark has led to a tremendous
partnership with measurable success. Additional
programs in partnership with the College are planned
beginning this Fall, including commercial litigation and
valuation litigation in tax and eminent domain litigation.
Fellows in all states and Provinces should consider
whether the judges of their jurisdictions might welcome
similar programs.
Robert E. Welsh, Jr.
Philadelphia, PA
FALL 2022 JOURNAL 40