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All about Computer/Electronic Data in Discovery(retrieving "deleted" items etc)

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    Computer Forensics / Electronic Discovery Articles Opportunities To Challenge Computerized Evidence More prevalent computerized evidence means greater
    Message 1 of 1 , May 3, 2007
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      Computer Forensics / Electronic Discovery Articles Opportunities To
      Challenge Computerized Evidence
      More prevalent computerized evidence means greater chances that data
      has
      been mishandled. We review key considerations in determining whether
      you
      should attempt to exclude such evidence and, similarly, how to avoid
      this happening to you.
      <http://www.fulcruminquiry.com/Challenge_Computerized_Evidence.htm>
      How To Select The Right Form Of Electronic Discovery
      Here are the pros and cons of the four major choices that you face,
      ranging from paper to native electronic discovery. No answer is right
      in
      all situations, so we tell you how you should make this important
      decision.
      <http://www.fulcruminquiry.com/Electronic_Discovery_Data_Types.htm>
      Computer Forensics Study: Selling More Than You Bargained For
      Computer forensic examiners find a treasure-trove of information on
      used
      hard drives.
      <http://www.fulcruminquiry.com/Selling_More_Than_You_Bargained_For.htm
      >
      Care and Expertise are Needed When Evaluating Electronic Evidence
      Computer forensics can be used to determine whether an employee
      violated
      company policies. In making these determinations, one must be careful
      to
      understand and interpret alternative explanations of what has
      occurred.
      Failure to do so can result in false accusations and related claims of
      wrongful termination.
      <http://www.fulcruminquiry.com/Evaluating_Electronic_Evidence.htm>
      Best Practices in Electronic Discovery
      Fulbright & Jaworski's recent annual study of in-house trends named
      electronic discovery as the number 1 litigation-related burden for
      companies with revenues greater than $100 million.
      <http://www.fulcruminquiry.com/Best_Practices_Electronic_Discovery.htm
      >
      How to Redact Electronic Files
      Redacting documents with a thick black marker does have its
      advantages.
      Once copied to avoid bleed-through of the unwanted information, one
      can
      be certain that the undesired information is gone. But paper has all
      the limitations of … well, paper.
      <http://www.fulcruminquiry.com/Redact_Electronic_Files.htm> Federal
      Jurisdiction for Theft of Computer Data by Employees
      When CFAA was first passed in 1984, it covered mainly classified
      information on government computers. Amendments in 1994, and recent
      court cases have greatly expanded its scope. This originally criminal
      statute can now be appropriately used in civil cases.
      <http://www.fulcruminquiry.com/Theft_of_Computer_Data.htm> How
      Lawyers
      Can Use MetaData
      Increasingly, lawyers are asked to review and produce metadata (also
      known as "embedded data") in response to legal discovery requests.
      Courts throughout the U.S. have recognized the additional information
      that metadata provides, and have fairly consistently ordered parties
      to
      produce metadata when the issue has been raised.
      <http://www.fulcruminquiry.com/Metadata_Primer.htm> New Electronic
      Discovery Rules are Coming
      The Judicial Conference met on September 20, 2005, and approved the
      recommendations of the Committee on Rules of Practice and Procedure
      regarding electronic discovery.
      <http://www.fulcruminquiry.com/New_Electronic_Discovery_Rules.htm>
      Electronic File Review is Becoming Standard
      Clients, courts, and opponents are becoming more savvy about the
      efficiencies that occur when electronic discovery is performed
      properly.
      A recent Delaware Chancery Court decision (Instinet Group Inc.
      Shareholders Litigation, Consolidated C.A. No. 1289-N, December 14,
      2005) provides a warning that applies to a broad range of cases.
      <http://www.fulcruminquiry.com/Electronic_File_Review.htm>
      Electronic
      Discovery Can No Longer Be Ignored
      Business records are continuing to move away from paper towards
      electronic storage. In 2000, 10 percent of documents existed solely
      in
      digital format. In two to three years, the percentage of records
      stored
      only in electronic form will likely exceed 60% according to Xerox.
      <http://www.fulcruminquiry.com/Electronic_Discovery.htm> New Lawyer
      Standard for Electronic Discovery
      It is astounding that employees at the highest corporate level in
      Philip
      Morris, with significant responsibilities pertaining to issues in this
      lawsuit, failed to follow [the] Order ... which, if followed, would
      have
      ensured the preservation of those emails which have been irretrievably
      lost.
      <http://www.fulcruminquiry.com/Email_Electronic_Discovery_Sanctions.ht
      m>
      Reducing Discovery Costs....Before the Litigation Starts
      The majority of conference commentators and article authors regarding
      electronic discovery in litigation bemoan the high cost of dealing
      with
      all the electronic records. This usually misses the point.
      <http://www.fulcruminquiry.com/Reducing_Discovery_Costs.htm>
      California Case Clarifies Cost Shifting in Electronic Discovery
      Disputes
      The Appellate Court limited its finding by stating that this "does not
      mean that the demanding party must always pay all costs associated
      with
      retrieving usable data from backup tapes" but instead must only
      pay "its
      reasonable expense for a necessary translation."
      <http://www.fulcruminquiry.com/Electronic_Discovery_Disputes.htm>
      Computer Forensics Deserves a Place in Your Human Resource Toolkit
      Computers contain evidence useful in many human resource
      circumstances.
      Allegations of discrimination, sexual harassment, and unfair discharge
      are serious threats that are better understood by knowing what an
      employee did. Since computers are such a pervasive part of most
      employees' work lives, analysis of data stored on these computers
      helps
      address these issues.
      <http://www.fulcruminquiry.com/images/ForensicsNewsletter2.pdf>
      Study
      Shows Even Less Attention is Now Being Paid to Electronic Records
      Chances are that the letter you wrote, the memo from your co-worker,
      the
      meeting you scheduled, and the article you are now reading, have all
      been recorded on a computer - if not your computer, then certainly
      someone else's computer. All of this information is discoverable in
      litigation, and can be used as evidence.
      <http://www.fulcruminquiry.com/Electronic_Records.htm> Employees'
      Personal Storage Devices Create Challenges
      Employees have a variety of inexpensive digital storage devices
      available to them that, when used at work, pose significant data
      security issues. An employer's data has never been less secure and
      harder to control.
      <http://www.fulcruminquiry.com/Personal_Storage_Devices.htm> After a
      $1.45 Billion Adverse Inference Ruling, Morgan Stanley Wished it
      Complained Less and Worked More
      Electronic discovery needs to be taken more seriously by many
      litigants.
      A recent big-dollar case provides a striking example from a
      (presumably)
      sophisticated litigant. The defendant is already accusing its legal
      counsel of malpractice.
      <http://www.fulcruminquiry.com/Morgan_Stanley_Ruling.htm> Key
      Electronic Case Law (Annotated)

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