All about Computer/Electronic Data in Discovery(retrieving "deleted" items etc)
- Computer Forensics / Electronic Discovery Articles Opportunities To
Challenge Computerized Evidence
More prevalent computerized evidence means greater chances that data
been mishandled. We review key considerations in determining whether
should attempt to exclude such evidence and, similarly, how to avoid
this happening to you.
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
all situations, so we tell you how you should make this important
Computer Forensics Study: Selling More Than You Bargained For
Computer forensic examiners find a treasure-trove of information on
>Care and Expertise are Needed When Evaluating Electronic Evidence
Computer forensics can be used to determine whether an employee
company policies. In making these determinations, one must be careful
understand and interpret alternative explanations of what has
Failure to do so can result in false accusations and related claims of
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.
>How to Redact Electronic Files
Redacting documents with a thick black marker does have its
Once copied to avoid bleed-through of the unwanted information, one
be certain that the undesired information is gone. But paper has all
the limitations of well, paper.
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.
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
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.
Electronic File Review is Becoming Standard
Clients, courts, and opponents are becoming more savvy about the
efficiencies that occur when electronic discovery is performed
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.
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
digital format. In two to three years, the percentage of records
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
Morris, with significant responsibilities pertaining to issues in this
lawsuit, failed to follow [the] Order ... which, if followed, would
ensured the preservation of those emails which have been irretrievably
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
all the electronic records. This usually misses the point.
California Case Clarifies Cost Shifting in Electronic Discovery
The Appellate Court limited its finding by stating that this "does not
mean that the demanding party must always pay all costs associated
retrieving usable data from backup tapes" but instead must only
reasonable expense for a necessary translation."
Computer Forensics Deserves a Place in Your Human Resource Toolkit
Computers contain evidence useful in many human resource
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
address these issues.
Shows Even Less Attention is Now Being Paid to Electronic Records
Chances are that the letter you wrote, the memo from your co-worker,
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.
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
A recent big-dollar case provides a striking example from a
sophisticated litigant. The defendant is already accusing its legal
counsel of malpractice.
Electronic Case Law (Annotated)
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