Making Forensics Elementary at Your Firm

The electronic-discovery phenomenon is here to stay — and the industry is still exploding. The percentage of electronically-stored-information evidence in the standard case has increased exponentially, and all signs on the information superhighway and on roads leading to court indicate that ESI in litigation will escalate as time goes by. Along with e-discovery, the field…

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Computer Forensics & Data Preservation

Court-appointed trustees and receivers, or fiduciaries, identify, recover and evaluate assets and historical financial information. They are aided by a team of professionals, including attorneys, accountants, financial advisors, appraisers, investment bankers and others, depending on the nature of the matter. In the past, this meant sifting through reams of paper records and issuing subpoenas for…

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Separating E-Discovery Myths from Realities

  By Conrad J. Jacoby, Esq. As the legal community continues to puzzle through the impact that digital information is having on the practice of law, many practitioners are guided by long-standing misconceptions and misunderstandings about electronic discovery. Whatever seed of truth exists in these platitudes, taking them at face value can lead to poor…

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E-Discovery: The Times, They Are A Changing

Fasten your seatbelts legal mavens – in less than six months electronic discovery as we know it will undergo some important changes. These changes are being driven by amendments to the Federal Rules of Civil Procedure (FRCP) that become effective on December 1, 2006. While one of the intentions behind these changes is to reduce…

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Is Digital Different? Electronic Disclosure and Discovery in Civil Litigation

By Kenneth J. Withers I. Introduction A new phenomenon has surfaced in civil litigation in the United States, or rather in the media coverage of significant cases. In the Microsoft antitrust litigation, the investigation of President Clinton by Judge Starr, Raytheon Corporation’s suit against its own employees for libel, countless employment-related actions, and even routine…

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Failing To Preserve Electronic Evidence Can Gut Your Case

By Eric Sinrod, If you want to succeed in litigation these days, it is imperative that relevant electronic data be preserved. The destruction of such data can lead to serious adverse evidentiary inferences, as illuminated by a very recent case. The case of Easton Sports v. Warrior Lacrosse involves the movement of an employee from…

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Gathering electronic evidence

A NEW field of evidence gathering involves techniques designed to find relevant electronic evidence on personal computers. This investigative discipline will become an important discovery tool for both lawyers and law enforcement agencies. Here Dr Henry B Wolfe* explains the basics of what it can and cannot do. Computer forensics refers to the developing field…

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