Originally published by FindLaw. By Mark Wilson, Esq. The eDiscovery revolution begun in the late ’90s continues unabated, but wearable data-collecting devices like the Fitbit present a new and interesting problem for electronic discovery. Anything You Wear May Be Used Against You in a Court of Law You can probably imagine…
Originally published by FindLaw. By Mark Wilson, Esq. Electronic discovery is the name of the game these days as more and more people and companies store their stuff in the form of bytes, not pages. That means that lawyers need to know how electronic discovery works (and in some places, that’s…
Originally published by the American Bar Association. By Katie L. Dysart – May 28, 2012 The now-ubiquitous term the “CSI Effect” has been used to describe the phenomenon whereby high-tech, forensic science dramatized in television crime dramas such as CSI, Law & Order, and Forensic Files theoretically promotes unrealistic expectations among…
Originally published by California Lawyer. by Susan Kuchinskas | May 2015 The discipline known as information governance has risen in visibility and application over the past year. And the bigger a law firm is, the more data it generates and stores-and must control and keep safe. Smaller firms may have more…
Originally published by eDiscovery News. Cost shifting is the concept of shifting the expense associated with your discovery obligations, in whole or in part, to the party requesting the material. The concept is not new, but it is historically underused, in part because courts and third party decision makers have been…
Originally published by JD Supra Business Advisor. eDiscovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed – and even learned – tasks without the need for continuous human…
Originally published on Forensic Magazine. Unfortunately, many companies have entered the cloud without first checking the weather. Cloud services have skyrocketed primarily because they’re cheaper and more convenient than the alternative. What happens if the cloud gets stormy, you suffer a breach, and you find yourself in the position of having…
Originally published on ELL Blog. Authored By: Schawn-Paul Rotella Citation: Herron v. Fannie Mae, 1:10-cv-00943-RMC, (D.D.C. Feb. 2, 2015). e-Lesson Learned: Judges are human. When requesting discovery amid multiple discovery disputes, one’s requests should be narrow and specific. Otherwise, one risks the presiding judge’s cutting off all future discovery due…
Originally published on Legal Solutions Blog. The sections below provide an evaluation framework that should be adjusted in accordance with the underlying facts of the dispute. A. Examine the mechanism used to collect the digital evidence To begin, the reviewer should focus on the manner in which the evidence was acquired.…
Originally published on Legal Solutions Blog. In yesterday’s installment in this series we looked at the Daubert Standard. Today we’ll discuss how best to review the qualifications of a digital forensics expert. Reviewing the Expert-Report Drafter A digital forensics expert can be used in a variety of ways: as an expert…
