Digital Evidence at Trial: Mastering Impeachment Strategy and Admissibility Before You Step Into the Courtroom

Christopher G. Campbell, Partner | DLA Piper LLP

Christopher G. Campbell is a Partner at DLA Piper and serves as Chair of the firm’s Product Liability and Mass Torts Group and Co-Chair of the Product Liability, Mass Torts & Class Actions Group. With more than 25 years of experience, Chris serves as global, national, and trial counsel in some of the most complex product liability, mass tort, and class action litigations worldwide. He has led coordinated defense strategies spanning five continents and more than a dozen countries, securing significant trial and appellate victories, including complete defense judgments in international class actions and high-profile multidistrict litigations.

Chris represents leading pharmaceutical, medical device, automotive, and consumer product manufacturers in regulatory-sensitive matters involving scientific, medical, and technical evidence. He is widely recognized for his ability to distill complex science into clear, persuasive courtroom narratives and for developing creative, unorthodox litigation strategies that position clients for early and decisive wins. In addition to active litigation, he advises companies on regulatory risk, pharmacovigilance, crisis management, privilege issues, and reputational strategy—helping align legal defense with broader business objectives.

• Education & Credentials

Chris earned his J.D. from Harvard Law School, where he was active in the Harvard Negotiation Law Review, the International Law Journal, and the Civil Rights-Civil Liberties Law Review, and competed in the Ames Moot Court Competition. He received his B.S. in Philosophy and English from Austin Peay State University. He is admitted to practice in Georgia and New York.

• Recognition & Leadership

Chris is ranked by Chambers USA in Nationwide Product Liability & Mass Torts and is recognized by The Legal 500 United States as a Leading Lawyer in Product Liability, Mass Tort, and Class Action Defense. He has also been selected for inclusion in Best Lawyers for Mass Tort Litigation/Class Actions – Defendants and Product Liability Litigation – Defendants, and was named “Best in State” in Georgia by Forbes.

Under his leadership, DLA Piper’s Product Liability and Mass Tort practice group was named “Practice Group of the Year” by Law360 in 2025 and has received Band 1 and Tier 1 rankings from Chambers and The Legal 500. Clients commend his strategic judgment, commercial acumen, and exceptional responsiveness.

• Professional Involvement

Chris is actively involved in leading national defense and product liability organizations. He serves as Publications Vice-Chair of the DRI Drug and Medical Device Steering Committee and previously served on Law360’s Product Liability Editorial Board. He is a member of the American Bar Association, the New York State Bar Association, the Georgia Bar Association, the Defense Research Institute, Lawyers for Civil Justice, the International Association of Defense Counsel, and the US Chamber of Commerce.

A frequent author and speaker, Chris presents nationally on product liability, mass torts, class actions, expert witness strategy, attorney-client privilege, pharmacovigilance, and emerging litigation trends. He is the co-author of Expert Witnesses: Products Liability Cases (Thomson Reuters), a comprehensive guide to expert development and strategy in complex product liability and mass tort litigation.

• Experience

Chris serves as global and national strategic counsel to leading multinational companies across the pharmaceutical, medical device, automotive, consumer goods, healthcare, and industrial sectors. His practice encompasses product liability defense, toxic torts, and complex commercial litigation, including multi-district litigation and coordinated international proceedings.

He has acted as lead global counsel in large-scale mass torts spanning multiple continents and jurisdictions, achieving substantial defense successes at both trial and appellate levels. He also regularly serves as national trial counsel in product liability matters across state and federal courts.

In addition to active litigation, Chris provides strategic guidance on regulatory risk, crisis management, expert development, digital evidence, and privilege issues, helping clients align legal defense strategies with broader business objectives.

Breanna Fields, Partner | DLA Piper LLP

Breanna Fields is a Partner at DLA Piper whose practice focuses on the defense of pharmaceutical, life sciences, and medical device companies in complex product liability and commercial litigation. She regularly represents clients in coordinated proceedings and multidistrict litigations (MDLs), serving as national counsel in high-profile matters involving medical devices and pharmaceutical products. Breanna advises clients across the full litigation lifecycle, from risk assessments and internal reviews through active litigation and resolution, and has significant experience managing pleadings, coordinated case management, fact and expert witness development, written discovery, depositions, dispositive motion practice, and settlement strategy.

• Education & Credentials

Breanna has been recognized by The Legal 500 United States as Recommended in Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense. She has served on DLA Piper’s Associate Advisory Council and was named to Lawyers for Civil Justice’s Class of Rising Stars. A frequent speaker on emerging litigation issues, Breanna presents nationally on artificial intelligence in litigation strategy, multidistrict litigation trends, expert admissibility under Federal Rule of Evidence 702, and early case management strategies in complex MDL proceedings.

• Recognition & Leadership

Breanna has been recognized by The Legal 500 United States as Recommended in Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense. She has served as a member of DLA Piper’s Associate Advisory Council and has been named to Lawyers for Civil Justice’s Class of Rising Stars. She frequently presents on emerging litigation issues, including artificial intelligence in litigation strategy, multidistrict litigation trends, expert admissibility under Federal Rule of Evidence 702, and early case management strategies in MDLs.

• Professional Involvement

Breanna is an active contributor to thought leadership in the product liability and complex litigation space. She has co-authored publications in Law360 and for the American Bar Association addressing common-interest privilege and early vetting mechanisms in MDLs. She also regularly authors client alerts and insights concerning evidentiary standards, social media liability, and evolving litigation risk.

She is actively engaged in the broader product liability defense community through speaking roles at national symposia and industry conferences.

• Experience

Breanna serves as national counsel in significant multidistrict litigations and coordinated state court proceedings involving pharmaceutical and medical device manufacturers. Her representative matters include serving as national counsel for Novo Nordisk in GLP-1 products liability litigation, Medtronic in hernia mesh litigation, Pfizer and Wyeth in proton pump inhibitor litigation, and Bayer in contraceptive device litigation. She has also contributed to defense victories, including summary judgment outcomes in complex MDL proceedings.

Prior to joining DLA Piper, Breanna practiced complex commercial and securities litigation at an international law firm in New York. During law school, she externed for the Honorable Laura Taylor Swain of the United States District Court for the Southern District of New York and argued an appellate brief through the Center for Appellate Litigation.

Dani Morrison | DLA Piper LLP

Dani Morrison is an Associate at DLA Piper whose practice focuses on the defense of pharmaceutical and life sciences companies in complex state and federal litigation, including coordinated product liability and multidistrict mass tort actions. She has experience managing multiple phases of high-stakes litigation, including coordinated case management, fact and expert witness development, written discovery, depositions, dispositive motion practice, and mediations. In addition to her litigation work, Dani advises consumer goods companies on strategic market entry across multiple international jurisdictions, including regulatory, corporate governance, and commercial considerations.

• Education & Credentials

Dani earned her J.D. and M.S., magna cum laude, from Syracuse University. She is admitted to practice in Pennsylvania, multiple federal district courts in Pennsylvania, the Third and Fifth Circuits, the Supreme Court of Pennsylvania, and the District of Columbia Court of Appeals.

• Recognition & Leadership

Dani is an active contributor to product liability and mass tort thought leadership. She has authored and co-authored publications for Lexology and the American Bar Association addressing emerging product liability risks, federal removal strategy, and evolving litigation doctrines. She regularly participates in DLA Piper’s Product Liability Symposia and CLE programming, including panels on mass tort strategy, multidistrict litigation management, and preemption.

• Professional Involvement

Prior to joining DLA Piper, Dani clerked for the Honorable Darnell Jones, II of the United States District Court for the Eastern District of Pennsylvania and for the Honorable Theodore A. McKee of the United States Court of Appeals for the Third Circuit. Her appellate and trial court clerkship experience informs her strategic approach to motion practice and complex litigation management.

She also maintains an active pro bono practice, representing clients in constitutional matters and veterans seeking upgrades to their military discharge status.

• Experience

Dani represents pharmaceutical and life sciences companies in coordinated state and federal product liability proceedings and mass tort actions. Her experience spans pretrial strategy, expert development, dispositive motions, mediation, and trial preparation. She also advises companies navigating international expansion and regulatory frameworks in consumer markets, integrating litigation risk assessment with broader business objectives.

Alyssa Moscarino, Partner | Benesch Friedlander Coplan & Aronoff LLP

Alyssa Moscarino is a trial lawyer and Partner at Benesch whose practice focuses on high-stakes, complex commercial litigation across a range of industries. She represents clients in business-to-business disputes involving breach of contract, mass torts, defamation, trade secrets, products liability, and other complex claims. Alyssa manages all phases of litigation—from initial intake through trial and arbitration—and is known for her strategic insight and attention to detail in navigating complex disputes and securing favorable outcomes for clients.

• Education & Credentials

Alyssa earned her J.D. from the University of Miami School of Law in 2015 and her B.A. from the University of Texas in 2012.

• Recognition & Leadership

Alyssa serves as Co-Chair of Benesch’s Hiring Committee, where she oversees recruitment and hiring for the firm’s summer associate program and helps mentor incoming associates through litigation training and professional development initiatives. Under her leadership, Benesch’s summer program has been nationally recognized by The American Lawyer as a Top 40 Summer Associate Program. She also serves on the firm’s litigation recruiting committee and contributes to Benesch’s diversity and inclusion fellowship selection process.

• Professional Involvement

In addition to her litigation practice, Alyssa provides clients with practical guidance on risk management and compliance strategies, advising on pre-litigation planning and best practices to minimize potential exposure. Her experience representing both plaintiffs and defendants informs her ability to anticipate litigation risk and develop strategic approaches for clients navigating complex disputes.

• Experience

Alyssa has handled a range of high-profile and complex matters. She recently served as trial counsel for Professional Bull Riders, LLC in the Chapter 11 proceedings involving Merit Street Media, Inc., co-founded by Dr. Phil, where her client prevailed on all issues after a multi-day bench trial. She has also played a key role in defending Polaris, a major off-road vehicle manufacturer, in more than three dozen product liability lawsuits nationwide, successfully resolving those cases through favorable settlements or summary judgment dismissals. In addition, Alyssa prepared and defended the directors and officers of Smartmatic in highly publicized multibillion-dollar defamation actions related to the 2020 United States Presidential Election, and deposed former National Security Advisor General Michael Flynn in one of those matters. Earlier in her career, she was a member of the trial team in a significant federal defamation and First Amendment case in Cleveland.

Nick Secco, Partner & Chair, Trial Practice Group | Benesch Friedlander Coplan & Aronoff LLP

Nick Secco is a nationally recognized trial lawyer and Partner at Benesch who serves as Chair of the firm’s Trial Practice Group. His practice focuses on complex commercial litigation, toxic tort matters, and environmental claims, and he regularly represents clients in high-stakes disputes across federal courts, arbitration proceedings, and other complex litigation forums. Nick has extensive courtroom experience in matters involving substantial financial exposure, including large-scale environmental litigation, breach of contract disputes, and other complex business controversies. His work frequently involves multi-phase trials, expert testimony, and complex factual records in cases that attract national attention.

• Education & Credentials

Nick earned his J.D., cum laude, from Northwestern Pritzker School of Law, where he was a member of the Order of the Coif and served as Senior Editor of the Journal of International Law and Business. He received the Bell, Boyd & Lloyd Advocacy Prize for excellence in advocacy. He earned his B.A. in Philosophy from Louisiana State University.

• Recognition & Leadership

Nick has been widely recognized for his trial advocacy. Chambers USA 2025 ranked him as a leading practitioner in General Commercial Litigation, describing him as “brilliant in litigation” and a “fantastic oral advocate.” Benchmark Litigation named him a National Litigation Star (2024–2026), and Thomson Reuters recognized him as a national Stand-Out Lawyer based on client nominations. The Legal 500 has also identified him as a leader in Mass Tort and Product Liability Defense, referring to him as a “trial expert.”

• Professional Involvement

As Chair of Benesch’s Trial Practice Group, Nick leads the firm’s trial strategy and advocacy efforts across complex litigation matters. His courtroom work has attracted national attention, with trials covered by outlets including The Wall Street Journal, The New York Times, The Los Angeles Times, Variety, The American Lawyer, Law360, and the National Law Journal. 

• Experience

Nick has served as trial counsel in numerous high-stakes cases involving significant financial exposure. His work includes representing clients in federal bench trials, jury trials, and international arbitration proceedings involving environmental claims, breach of contract disputes, and complex commercial litigation. Among other matters, he represented a professional sports league in a widely reported federal bankruptcy trial involving a nine-figure claim against Dr. Phil McGraw and his media platform, securing a ruling that the bankruptcy filing had been made in bad faith. He has also served as lead trial counsel in major environmental litigation under CERCLA, where the government sought more than $130 million in damages, and represented defendants in complex environmental claims involving potential remediation costs approaching one billion dollars.

I. Digital Evidence on the Stand: Using Online Statements at Trial Under FRE 613 and 801(d) | 1:00pm – 2:00pm

This session will provide a comprehensive, practice-oriented guide to using online statements—including social media posts, text messages, emails, and other digital communications—at trial under the Federal Rules of Evidence. Drawing on FRE 613 (prior inconsistent statements for impeachment) and FRE 801(d) (statements that are not hearsay), the session will equip attendees with the legal frameworks and practical skills to authenticate, introduce, and challenge digital evidence in litigation. The session will cover the critical distinction between impeachment use and substantive admissibility, explore evolving hearsay doctrine as courts confront new authentication and reliability questions, and offer real-world trial application strategies. Attendees will leave with actionable techniques for leveraging online statements as powerful evidence—or for effectively opposing their introduction.

This session will also examine the practical courtroom dynamics that arise when digital statements are used for impeachment or offered for their truth, including how courts analyze the distinction between credibility use and substantive admissibility under the Federal Rules. By grounding the discussion in FRE 613 and 801(d), the presenters will clarify how litigators can frame, challenge, and respond to online statements within existing evidentiary doctrine as it continues to evolve in the digital context. The emphasis throughout will remain on practical application—ensuring that attendees understand not only the governing rules, but how those rules operate in real trial settings.

Break | 2:00pm – 2:10pm

II. The Art of Impeachment: Impeachment as a Storytelling Device | 2:10pm – 3:10pm

This session focuses on optimizing the content, tone, and timing of impeachment so that it integrates effectively into broader trial narratives and themes and maximizes its impact on juror (or judge) cognition. The discussion will examine impeachment as a storytelling device within the structure of a case, emphasizing how and when it should be deployed during cross-examination to reinforce overarching themes and credibility assessments.

The session will also arm trial practitioners with techniques for determining whether impeachment is worthwhile in the first instance, selecting the optimal timing for impeachment within a full cross-examination, and calibrating tone based on different categories of witnesses. In addition, the session will address strategies for inoculating key witnesses against anticipated impeachment and mitigating the potential credibility damage that can arise when friendly witnesses are impeached by opposing counsel, including appropriate approaches to rehabilitation on redirect and consideration of impeachment’s effect on credibility assessments and deliberations.