Why E-Discovery Protocol?

Monday, April 18th, 2011

Too many Electronically Saved Information cases are left pending, without ever discovering the light of a solution in sight. The E-Discovery protocol is expected to facilitate the just, speedy, and inexpensive conduct of discovery involving Electronically Stored Information (ESI) in civil cases, and to promote, whenever possible, the resolution of disputes regarding the discovery of ESI without the intervention.

Lawyers engaged in civil litigation on smaller matters are not sure regarding the extent to which ESI must be preserved. They are worried about the costs associated with identifying, preserving, collecting, reviewing, and producing this information. This uncertainty, and a lack of understanding of the technical issues involved, forces many lawyers to choose one of the two extremes: over preservation to prevent sanctions or delegate preservation responsibilities to vendors or the clients themselves.

Without the benefit of large E-Discovery budgets, attorneys handling smaller matters may find themselves trapped. Engaging an outside expert to assess the client’s technology infrastructure and implement an appropriate E-Discovery protocol is prohibitively expensive. Clients may not be comfortable with the internal information being assessed by outside experts when their own technology personnel can handle the chunk of information. They may question the need to hire outside experts. These are, of course, reasonable arguments

Usually the time consuming collection of ESI may even go waste. Then there is the attorney review time which again takes a long time to process including the chunks of useless data that must have been collected. An E-Discovery protocol is intended to provide the parties with a comprehensive framework to address and resolve a wide range of ESI issues but it is not intended to be an inflexible checklist.

The Court expects parties to consider the nature of the claim, the amount in controversy, agreements of the parties, the relative ability of the parties to conduct discovery of ESI, and such other factors as may be relevant under the circumstances. Therefore not all aspects of this Protocol may be applicable or practical for a particular matter, and indeed, if the parties do not intend to seek discovery of ESI it may be entirely inapplicable to a particular case. The Court encourages the parties to use this Protocol in cases in which there will be discovery of ESI, and to resolve ESI issues informally and without supervision whenever possible.

Scope of E-Discovery Protocol

Friday, April 15th, 2011

E-Discovery has raised many important issues for litigators and their clients, including evidence integrity, preservation of meta data and its forensic value, recovery of electronic documents from backup tapes, the sheer volume of electronically stored information (ESI) and its impact on the scope of discovery and burden on the parties, and the suitable exchange of electronic
documents.

In December 2006, the US through the Federal Rules of Civil Procedure, introduced wide ranging measures to tackle these issues. Ever since the US courts have adopted these measures. The Federal Rules of Civil Procedure altered the federal litigation expanse by imposing certain strict rules on litigants. The litigants now have to discuss early in the case a range of matters relating to the discovery of their ESI. It also provides for an early discussion of the assertion of privilege claims. The scope of E-Discovery protocol has now changed from how it was earlier dealt with and not dealt with.

Before the new federal rules came into existence, litigants had to deal with issues related to ESI without a specified framework of rules specifying their disclosure and production obligations. Often, due to a lack of refinement of E-Discovery, the requesting parties’ counsel makes responding parties either to ignore their E-Discovery obligations or to run out the clock without providing any significant E-Discovery responses, information or ESI. The prohibitive cost involved in E-Discovery makes parties concerned failing to press the E-Discovery button.

The Federal Rules’ empowerment of federal courts to take charge of E-Discovery protocol matters, puts an end to the old status quo in ESI production. More federal courts (and state courts who rely on federal case law as instructive) are cautioning litigants to negotiate and reach early agreement on what ESI will be produced, when, and how.

The federal litigants who do not detail in advance about the what and how E-Discovery is going to be done and who will pay for it, face the prospect of having an unsympathetic court make those choices for them. This eventually leads to expensive consequences that could have been avoided. With many state courts now citing federal precedent, and with many states now adopting E-Discovery protocol rules similar to the new Federal Rules, this promises to be a real possibility in state court as well.

Electronic Discovery Services

Sunday, February 27th, 2011

Electronic data discovery is a collection of huge chunks of data that is either lost due to some accident or deleted due to some reason. Such electronic data retrieved is used in litigation cases where electronic data is evidence.

Electronic document discovery services for law firms and corporate clients involved in litigation are no longer a matter of requesting printed copies of documents. New and extremely valuable data can be found in accounting systems, Email or databases if one knows where to look. This retrieval requires processing and review of large volumes of desperate data, many times eliminating the expense of converting irrelevant data.

Electronic discovery enables you to streamline e-discovery by providing a window into your case data before data processing and review. It helps you gain control and transparency by determining filtering guidelines.

Electronic data discovery includes retrieval of e-mails, voice mails, instant messages, e-calendars, audio files, data on handheld devices, animation, metadata, graphics, photographs, spreadsheets and other types of digital data. E-discovery can also be in the form offline discovery carried out on a particular computer for a particular case.

Computer forensics is an electronic data discovery service that includes the collection, preservation, analysis, and presentation of computer-related evidence. Computer evidence can be useful in criminal cases, civil disputes, and human resources/employment proceedings.

Computer forensics is a specialized form of e-discovery in which an investigation is carried out on the contents of the hard drive of a specific computer. After physically isolating the computer, investigators make a digital copy of the hard drive. Then the original computer is locked in a secure facility to maintain its pristine condition. All investigation is done on the digital copy.

When a case goes for trial, computer evidence can prove to vital for judges in making a decision. This can prove a reversal of the case entirely. Electronic discovery services are extremely useful when compared to traditional evidences and helps dig the smallest of evidences to alter a case.

Hard Drive Recovery Services

Thursday, February 17th, 2011

With the advent of technology there is a broad range of problems we encounter on a daily basis. The current trends allow us to store a huge amount of data in the form of files on computer hard drives. Hard drives have replaced the earlier cumbersome piles of papers that were susceptible to damage easily.

With hard drives on computers we can save humongous chunks of data that can be retrieved at an unimaginable speed. However, there is a possibility of this data being lost, the drive not accessible, the drive getting corrupt and other unexpected snags. Hard drives being the most valuable assets of a company should not be messed with.

If you chance to lose data due to a hard drive crash, a state of the art means by Data Triage Technologies assists you to recover data from corrupted drives. In the absence of back ups such data recovery is invaluable.

How is data retrieved?

Hard drive data recovery is the process of retrieving lost data from hard drive. This retrieval is due to the inaccessibility of data through normal recovery processes. Notwithstanding the fact that your hard drive has crashed or locked up for some reason, Data Triage has hard drive recovery services that can recover the data using a variety of hard drive data recovering techniques.

Why does a hard drive crash?

Reasons can be many when it comes to hard drive failures. One of the main reasons of a full blown hard drive crash can be attributed to a hardware issue. The hard drive is a magnetic disc that spins and has an extended arm that collects data from anywhere in the hard drive. If this arm fails to function or the motor overheats or stops spinning, then there is a possibility of your hard drive crashing resulting in an inability to access any data from all hard drive areas. Apart from this hardware issue, hard drive crashes can also be caused by corrupted registry files or system files. Viruses, Trojan horses, Adware and Spyware can also cause system file corruption leading to hard drive crash.

What is hard drive data recovery service?

Hard drive data recovery service is a service that has acquired a great deal of specialization today. The specialized hard drive recovery services can safely enter into any system, network, or data storage device to recover data and determine whether the data has been manipulated, deleted, destroyed or damaged. Depending on what data you need to recover, Data Triage experts can recover data, phrases, files, numbers or keywords. These services can also verify if any illegal use of proprietary information took place or when and how the data was accessed.

Data thus retrieved can be preserved and reproduced in a viewable format. This format saves your time and resources because retrievable data may not be in a format that could be easily viewable or comprehensible to you. Hard drive data recovery can also be done on data storage devices that have been destroyed by fire or flood.

Why Do You Need A Computer Forensics Expert Witness

Monday, August 30th, 2010

Since the turn of the millennium for personal and business purposes computers have become ‘the most must have contraptions’ and the usage and dependence on the Internet continued to move upwards. 80% of all corporate data is now being stored electronically and allowed to stay in electronic format. Then came the bad news. As the use of computers escalated, so did the computer crime. According to the Crime in America statistics website, in 2009 alone, computer crime increased by 22 percent. These crimes needed a computer expert, an investigator to fathom the depth of the crime and an expert who can present the computer evidence methodically in the court of law to convict him. The computer expert, the computer forensic specialist and a Forensics Expert Witness have now new avatar as a Computer Forensics Expert Witness

A Computer Forensics Expert Witness is a Computer Forensic investigator who can investigate. A Computer Forensics Expert Witness is a specialist within Computer Forensics and E-Discovery and can testify regarding the accuracy and findings from the computer forensics. A Computer Forensics Expert Witness may work in close conjunction with a Computer Forensics investigator, or he himself would work as both. Computer Forensics investigator is the specialist who can methodically investigate, discover and analyze the available, deleted, or hidden information that can be put to use as irrefutable evidence in a legal case. A Computer Forensics Expert Witness provides testimony, documentation and witness preparation to help present discovered electronic data in legal proceedings to help you prove and win your case.

A Computer Forensic investigator can:

  • Uncover the depth of a security breach
  • Recover data that has been corrupted or intentionally deleted
  • Identify how security checks were dodged
  • Identify the individual involved in the crime, say a hacker, an individual on the Internet, an employee, or an irate spouse

Computer forensics experts help us uncover potential evidence in cases like blackmail, child pornography, copyright infringement, corruption, decryption, destruction of information, fraud, industrial espionage, money laundering, sexual abuse, software piracy, theft of intellectual property, and unauthorized access to confidential information.

A Computer Forensics Expert Witness can assist in all stages of building a case as the following:

  • A Computer Forensics Expert Witness ascertains the relevance of the information present in the computer(s)
  • A Computer Forensics Expert Witness assists in preparing and responding to interrogatories
  • A Computer Forensics Expert Witness retrieves and examines information through the use of his forensics programs and methods
  • A Computer Forensics Expert Witness develops court reports
  • A Computer Forensics Expert Witness plans and provides expert testimony

A Computer Forensics Expert Witness helps communities, corporates and individuals in the following ways:

  • A Computer Forensics Expert Witness assists in Police Investigations in computer crimes in child pornography, ID theft, breaching security protocols to access government defense information and narcotic supplies and extortion rackets
  • A Computer Forensics Expert Witness is trained in the legalities of computer crime. He can help investigators build a case and provide expert testimony in court of law. His testimony helps the judiciary in convicting computer criminals
  • A Computer Forensics Expert Witness assists in civil litigation trials in cases of divorce, child support payments and financial fraud
  • A Computer Forensics Expert Witness can help insurance companies to identify evidence of fraud in cases of worker compensation or personal injury cases
  • A Computer Forensics Expert Witness can find computer evidence in industrial espionage, theft of trade secrets and in cases of sexual harassment