Discovery is changing in response to the pervasive use of computers. More and more cases involve the use of e-mail, word-processed documents, spreadsheets, graphics and records of Internet activity. Information stored in electronic form is easily changed, overwritten, or obliterated by everyday use of the computer. This is true whether it is a single desktop PC or an enterprise-wide network. The simple acts of booting up a computer, opening a file, adding new data onto a hard disk, or running a routine maintenance program on a network can alter or destroy potential evidence. Additionally, those actions may render any subsequent data inadmissible. Accordingly, the following articles are provided to assist our clients in understanding the world of digital discovery.
Digital Forensic Investigation:
Practitioners
Overview Of Digital Discovery - In modern America,
virtually all of an enterprise's business and technical
data resides on computers. In fact, it is estimated that
a third of this data exists only in electronic form. Hence,
this information never becomes hard (printed) copy, but
exists only as machine-readable code. Given the geometric
proliferation of computers, this amount will only increase.
Two decades ago, the Federal Judicial Center acknowledged
the importance of digital discovery. (Source; Gregory
S. Johnson, Esq.)
Challenges
for Corporate Counsel in the Land of E-Discovery: Lessons
from a Case Study- "Bad facts make bad law" is a
maxim oft used to dismiss unfavorable decisions absent
careful analysis but well employed to describe the emerging
jurisprudence regarding electronic discovery, and the
many examples of missteps in discovery that have led
to significant sanctions (Source; Daniel L. Pelc
and Jonathan M. Redgrave)
Sign
of Times - Dealing with with Electronic Discovery in
the California Court System - In October 2001, the
California legislature passed amendments to the Code
of Civil Procedure that greatly impacted the way attorneys
would deal with electronic discovery. Similarly, California
state and federal courts have been issuing new opinions
regarding e-discovery practices and obligations. The
driving force behind these legal developments is the
proliferation of electronic material over the past few
years. (Source; Pamela J. Voich & Michele C.S.
Lange II .)
Computer-Based
Discovery in Federal Civil Litigation - Discovery
is changing in response to the pervasive use of computers.
More and more cases involve e-mail, word-processed documents,
spreadsheets, and records of Internet activity. In some
cases, computer-based discovery can be routine and uneventful.
The parties may agree simply to exchange computer disks
of documents instead of paper. In many cases, however,
computer-based discovery generates disputes over the
scope of disclosure, form of production, privilege,
and alleged spoliation. The costs associated with computer-based
discovery procedures can be extraordinary. In many of
the reported cases on electronic discovery, failure
of the attorneys to understand their own clients' computer
systems, routines, capabilities, and limitations were
at the heart of the problem. Early identification of
potential discovery problems and early resolution of
these matters may be the key to reducing costs and delay
in cases involving computer-based discovery. (Source;
Kenneth J. Withers)
Preservation of Evidence Issues:
Electronic
Evidence & The Sarbanes-Oxley Act of 2002 -
In response to the recent series of highly publicized
business scandals, Congress passed the Sarbanes-Oxley
Act. President Bush signed the Act into law on July
30, 2002. The legislation aims to strengthen accounting
oversight and corporate accountability by enhancing
disclosure requirements, increasing accounting and auditor
regulation, creating new federal crimes, and increasing
penalties for existing federal crimes. Similar to other
areas of the law, Sarbanes-Oxley embraces the issues
developing around the proliferation of electronic evidence.
(Source; Michele C.S. Lange)
Electronic
Evidence : Practicing Law in the 21st Century -
In recent years technology has had a profound impact
on the way attorneys practice law. Advancements such
as electronic filing, real-time court reporting, and
computer-generated courtroom simulations all make the
practice of law more efficient and more effective. From
the convenience of corresponding with clients via e-mail,
to the ease of using a handheld computer to access legal
research while in court, technology contributions cannot
be underestimated. As positive and powerful as technology
has been to the legal industry, however, it has also
created some difficulties. Simply put, the advancement
of technology has created an entirely new source of
evidence. (Source; David H. Schultz)
Case Management Consulting Support
Deposition Development
Motion to Compel Discovery
Interrogatory Development
Training In Information System Search & Seizure Procedures
Training in Information System First Responder Guides
