E-Discovery

Read ‘Avoiding ethical pitfalls with electronic documents’ co-authored with Bryan Sims

By at 19 July, 2010, 4:22 pm

The State Bar of Wisconsin has published a two part article I co-authored with Bryan Sims of The Connected Lawyer in the July editions of its InsideTrack e-newsletter. Titled ‘Avoiding ethical pitfalls with electronic documents’ , part 1 is on Metadata and part 2 is on Redaction.

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One Example of When a Judge WILL Order a Computer Forensics Exam

By at 16 June, 2010, 7:30 am

Great post over at Bow Tie Law’s Blog on one example of when a judge wasn’t hesitant to allow forensic examination of a party’s computer. Needless to say, the conduct of one of the one of the party’s most likely made this decision much easier for the judge (Note to party- don’t lie to a federal judge).

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Let them eat Cake in Computer Forensics? Maybe not this time.

By at 16 December, 2009, 11:38 am

Law enforcement agencies around the country use Encase from Guidance Software to forensically image computer disks in investigations and prosecutions. This means that defense experts need to own this $3,000+ program rather than a less expensive alternative. However, in Washington State it appears that is no longer the case.

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U.S. Secret Service and its Best Practices for Seizing Electronic Evidence

By at 7 July, 2008, 1:42 pm

Think of this as your handy cheat sheet for grabbing electronic evidence when you don’t have a data evidence expert handy.

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E-Discovery gaff waives Attorney-Client Privilege

By at 9 June, 2008, 9:00 am

It seems a number of factors were at work in this case including poorly defined keywords for the search as well as a failure to properly review documents that were not electronically searchable. The end result was that 165 privileged documents were turned over to the Plaintiff by Creative.

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