Presentation given as part of Delaware Bar Association Computer Law Section CLE program, "E-Commerce law: Critical Legal and Business Issues."
Many of the particulars of this presentation are relatively obsolete now.
The goal of this white paper is to provide an introduction to the key areas involved in developing an e-discovery capability and to help organizations plan to become better prepared for the rigors of the e-discovery process. Note that the goal of this report is not to offer legal advice or legal opinions on specific legal issues related to e-discovery, and it should not be used in this manner.
The EDRM Enron data set is an industry-standard collection of email data that the
legal profession has used for many years for electronic discovery training and testing.
Since this data set was published, it has been an open secret that it contained many
instances of private, health and financial data.
In this paper, we will discuss a model for setting up an investigative lab that allows digital forensic specialists, non-technical investigators and subject matter experts to collaborate on digital evidence. The end result is a dramatic increase in the volume and quality of digital
evidence an investigative team can analyze within a fixed time.
The goal of this white paper is to provide an introduction to the key areas involved in developing an e-discovery capability and to help organizations plan to become better prepared for the rigors of the e-discovery process. Note that the goal of this report is not to offer legal advice or legal opinions on specific legal issues related to e-discovery, and it should not be used in this manner.
The EDRM Enron data set is an industry-standard collection of email data that the
legal profession has used for many years for electronic discovery training and testing.
Since this data set was published, it has been an open secret that it contained many
instances of private, health and financial data.
In this paper, we will discuss a model for setting up an investigative lab that allows digital forensic specialists, non-technical investigators and subject matter experts to collaborate on digital evidence. The end result is a dramatic increase in the volume and quality of digital
evidence an investigative team can analyze within a fixed time.
Bridging the gap between mobile and computer forensicsNina Ananiasvili
Mobile devices are becoming an increasingly integral part of criminal, legal, and regulatory investigations and disclosures.
However, computers and mobile devices are often examined separately by different people, often due to technical and procedural reasons. That can make it almost impossible to identify and review evidence and intelligence across multiple data sources, devices, and crime scenes. Only when we look at all of the devices at the same time will we start to see the complete picture.
In this webinar, we will look at some of the trends and challenges in acquiring and analysis mobile devices and will discuss:
- What we can expect to recover from mobile devices today
- What this data looks like when reviewed using Nuix
- Techniques and workflows for optimising investigations that include mobile devices, computers, and cloud-based evidence.
Surviving Technology 2009 & The ParalegalAubrey Owens
Talking technology with Paralegal Studies Students at J. Sargent Reynolds Community College on February 25, 2009. Using Software as a Solution for information mangament through trial presentation.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Look Before You Leap: Unauthorized Practice of the Law, Supervision of Non-La...Kevin O'Shea
Together with my (future) partner, Peter Imse, these are the slides for our June 2011 CLE presented in conjunction with the First American Title Insurance Company. The topics in these slides were revisited in my June 2014 presentation (Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media, and Cloud Computing). Nevertheless, there is some interesting data in this presentation that does not appear in my June 2014 slides.
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
Ten steps for early awareness and relevance/non-relevance selectionJeffJohnson442
We are thrilled to share that Quantum authored a feature article for the October 2018 edition of the ACC Docket "Ten steps for early awareness and relevance/non-relevance selection” on page 8.
Bridging the gap between mobile and computer forensicsNina Ananiasvili
Mobile devices are becoming an increasingly integral part of criminal, legal, and regulatory investigations and disclosures.
However, computers and mobile devices are often examined separately by different people, often due to technical and procedural reasons. That can make it almost impossible to identify and review evidence and intelligence across multiple data sources, devices, and crime scenes. Only when we look at all of the devices at the same time will we start to see the complete picture.
In this webinar, we will look at some of the trends and challenges in acquiring and analysis mobile devices and will discuss:
- What we can expect to recover from mobile devices today
- What this data looks like when reviewed using Nuix
- Techniques and workflows for optimising investigations that include mobile devices, computers, and cloud-based evidence.
Surviving Technology 2009 & The ParalegalAubrey Owens
Talking technology with Paralegal Studies Students at J. Sargent Reynolds Community College on February 25, 2009. Using Software as a Solution for information mangament through trial presentation.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Look Before You Leap: Unauthorized Practice of the Law, Supervision of Non-La...Kevin O'Shea
Together with my (future) partner, Peter Imse, these are the slides for our June 2011 CLE presented in conjunction with the First American Title Insurance Company. The topics in these slides were revisited in my June 2014 presentation (Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media, and Cloud Computing). Nevertheless, there is some interesting data in this presentation that does not appear in my June 2014 slides.
“Who’s Afraid of E-Discovery” was presented by George E. Pallas and Jason Copley from the Law Firm of Cohen Seglias Pallas Greenhall & Fuman PC for the members of the Mid-Atlantic Steel Fabricators Association.
Ten steps for early awareness and relevance/non-relevance selectionJeffJohnson442
We are thrilled to share that Quantum authored a feature article for the October 2018 edition of the ACC Docket "Ten steps for early awareness and relevance/non-relevance selection” on page 8.
Maintaining The Digital Chain of Custody By John Patzakis .docxsmile790243
Maintaining The Digital Chain of Custody
By John Patzakis
[email protected]
Employing proper computer forensic processes is the foundation of computer
investigations. Even the best corporate policies for incident response and computer data
preservation can mistakenly allow the mishandling of potentially key computer evidence.
Once compromised, either during the collection or analysis process, the evidentiary
integrity of the data is lost.
Computer investigators must follow four basic steps in order to correctly maintain
a digital chain of custody. These include:
• Physically control the scene, or if conducting a remote network investigation, log
all access and connectivity through an integrated and secure reporting function
• Create a binary, forensic duplication of original data in a non-invasive manner
• Create a digital fingerprint (hash) that continually verifies data authenticity
• Log all investigation details in a thorough report generated by an integrated
computer forensics software application
The Problem of Improper Computer Evidence Handling
Maintaining the integrity of computer evidence during an internal investigation or
incident response is important, especially when computer evidence may be presented in
court. This is true whether human resource personnel suspect that an employee’s
violation of company policies may warrant termination, if IT staff are responding to a
network intrusion, or outside consultants suspect criminal activity that may need to be
reported to authorities. However, the ability to maintain and precisely document digital
contents, including its exact location on the subject media should stand as the
cornerstone of any computer investigation. By not taking steps to preserve the digital
chain of custody, a company is leading itself into an investigation that is compromised
from the beginning.
Such a lax investigation also can make it difficult to later map out the exact
location of electronic evidence on a drive, or to prove who manipulated or created data,
as it is no longer clear if it was the suspect or the investigator who was the last to access
it. In fact, this is the reason that worldwide agencies regulating financial institutions have
mandated incident response plans.
Recent policies, standards, and court decisions strongly establish a compelling
obligation for all types of businesses to preserve electronic data that may be relevant to
a legal matter, audit, etc. On the U.S. legislative front, the Sarbanes-Oxley Act, which
passed in response to the Enron/Arthur Anderson debacle, imposes severe penalties for
the destruction of records, including electronic data. The act expressly prohibits the
destroying records in “contemplation” of an investigation or proceeding. Securities
Exchange Commission rules require retention for six years of all business-related email
and Internet communications sent and received by brokers, dealers and exchange
members ...
Transitory Electronic Communication: Recordless Messaging in the Context of a...jonneiditz
This presentation is designed to change the way in which you look at electronic communications, and to pave the way for new communications technologies that offer the privacy and security of a hallway conversation with the efficiency and convenience of asynchronous communication through electronic text.
The final section of the Digital Forensics journal article by Ga.pdfjyothimuppasani1
The final section of the \"Digital Forensics\" journal article by Garfinkel lists many of the
technical and personnel challenges to modern digital forensics. Using that section (Forging
Ahead, page 4) and your text, write a discussion board post describing the challenges to digital
forensics that you think are the most difficult to solve. Can you think of any other challenges to
digital forensics that are not mentioned? Could you see yourself working in the digital forensics
space as a future career? Forging Ahead For all its power, digital forensics faces stark challenges
that are likely to grow in the coming years. Today\'s computers have on average 1,000 times
more storage but are only 100 times faster than the high-end workstations of the early 1990s, so
there is less computing power available to process each byte of memory. The number of cases in
which digital evidence is collected is rising far faster than the number of forensic investigators a
to do the examinations. And police no realize that digital evidence can be used to solve crimes-
that is, as part of the investigation process- whereas in the past it was main ly a tool for assisting
in convictions. Cell phones may be equipped with self-destruct\" applications that wipe their data
if they receive a particular text, so it is now standard practice to store phones in a shielded metal
which blocks radio waves. But many cell phones wi forget their stored memory if left off for too
long, so the Faraday cages must be equipped with box, called a Faraday cage power strips and
cell phone chargers. Because many low-end cell phones have proprietary plugs, police must
seize chargers as well. However, some phones wi wipe their data if they can\'t call home,
whereas others will encrypt their data with algorithms too powerful for law enforcement to
decipher Further complicating the investigator\'s job is the emergence of cloud computing and
other technologies for storing data on the Internet. As a result of the doud, there is no way ensure
that a seized cell phone actually holds the suspect\'s data-the phone might simply be a tool for
accessing a remote server. A law enforcement professional who is authorized to search a device
may not have legal authority to use information on that device to access remotely stored data.
Worse sti the data might be deleted in the meantime by one of the suspect\'s collaborators.
Despite its technical sophistication and reliance on the minutiae of digital systems, the single
biggest challenge facing digital forensics practice today has a decidedly human dimension: the
lack o lified people to serve as researchers and practitioners. Not merely the result of the general
tech shortage, the very nature of digital forensics makes staffing significantly harder than in
other disciplines. Because the field\'s mission is to understand any data that might be stored we
need individuals who have knowledge of both current and past computer systems, applications,
and data format.
This slide will cover details of evidence collection in cyber forensic which will be more useful for CSE & IT department students studying in engineering colleges.
Similar to Electronic Document Management And Discovery (20)
Presentation given as part of a panel on online content moderation on May 18, 2022 at the Annual Meeting of the New Jersey State Bar Association. Cosponsored by the NJSBA Media Law Committee
Section 2(a) of the Lanham Act: Trademark’s Law of Unintended ConsequencesRonald Coleman
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De Minimis Confusion On The Internet By Ronald Coleman, J. Internet L...Ronald Coleman
One of the first published analyses criticizing the thoughtless application of the doctrine of initial interest confusion to Internet trademark disputes.
AIPLA Spring Meeting 2010: Keying Up Keywords Ronald ColemanRonald Coleman
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[Note: This is a partial preview. To download this presentation, visit:
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Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
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1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
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3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
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2. Principles and Practices of Sustainability
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Electronic Document Management And Discovery
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2. Electronic Document Management and Discovery WHERE IS THE TIPPING POINT? Ronald D. Coleman COLEMAN LAW FIRM New York, NY Clifton, NJ
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5. District of New Jersey Local Rule 26.1(d)(1) (d) Discovery of Digital Information Including Computer-Based Information (1) Duty to Investigate and Disclose. Prior to a Fed. R. Civ. P. 26(f) conference, counsel shall review with the client the client’s information management systems including computer-based and other digital systems, in order to understand how information is stored and how it can be retrieved. To determine what must be disclosed pursuant to Fed. R. Civ. P. 26(a) (1), counsel shall further review with the client the client’s information files, including currently maintained computer files as well as historical, archival, back-up, and legacy computer files, whether in current or historic media or formats, such as digital evidence which may be used to support claims or defenses. Counsel shall also identify a person or persons with knowledge about the client’s information management systems, including computer-based and other digital systems, with the ability to facilitate, through counsel, reasonably anticipated discovery.
6. District of New Jersey Local Rule 26.1(d)(1) ( 2) Duty to Notify. A party seeking discovery of computer-based or other digital information shall notify the opposing party as soon as possible, but no late r than the Fed. R. Civ. P. 26(f) conference, and identify as clearly as possible the categories of information which may be sought. A party may supplement its request for computer-based and other digital information as soon as possible upon receipt of new information relating to digital evidence. (3) Duty to Meet and Confer. During the Fed. R. Civ. P. 26(f) conference, the parties shall confer and attempt to agree o n computer-based and other digital discovery matters, including th e following: (a) Preservation and production of digital information; procedures to deal with inadvertent production of privileged information; whether restoration of deleted digital information may be necessary; whether back up or historic legacy data is within the scope of discovery; and the media, format, and procedures for producing digital information; (b) Who will bear the costs of preservation, production, and restoration (if necessary) of any digital discovery.
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11. “ Rely on your expert” “ I think you need to include the input of your expert. Say you have an accountant who thinks the raw data/computer data is helpful or necessary... Demand the electronic discovery. If you have a PI, he may indicate that in his opinion electronic discovery is needed because the individual or company is tech savvy – their using the PC/internet/e-mail may be enough to justify this. Keep in mind, that it does NOT take a lot of tech savvy to search a hard drive. You may find a LOT of good info with very little cost.”
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13. “ It’s the new standard” “ I've never worked on a case that didn't involve extensive electronic discovery. So many people are heading towards paperless offices that not to conduct electronic discovery would essentially mean not conducting full discovery. It always consists of collecting responsive email files, both active and archived, as well as pc files of any kind (Word, WordPerfect, Lotus 1-2-3, Excel, etc.) and moveable media (CD-ROMs, etc). A lot of large companies have team room databases as well (country-specific, sales group-specific, product-specific, etc.) that may need to be searched. “ Backup tapes have never been an issue, though.”
14. “ Gotcha!” “ I defend class actions. Most of the well-known plaintiffs' class action firms now have a long, single-spaced letter that they mail to you at the beginning of a case, asking a zillion questions about your client's electronic systems and demanding that you save essentially every document that you ever created or will create . This may be a legitimate discovery tool, or it may be the beginning of an endless game of "gotcha," where the plaintiffs keep going back to court saying that there is some other aspect of digital evidence that the defendant neglected to preserve. ”
15. “ The problem is separating the wheat from the chaff” “ These days, collecting electronic documents is not hard, separating the wheat from the chaff is the problem. Key word searches are helpful, but not a complete solution. It's some degree of common sense. Most of the time, you'll figure out fast whether it's worth it by looking at the companies involved . Some companies do EVERYTHING by email (I have one such case now). There, email searches make sense (e-mail servers are often separate from other document servers and easier to search). Other companies don't rely so heavily on email to do business.”
16. “ It shifts the burden to defendants” “ In a world of paper discovery, in many types of cases, the discovery rules put an undue burden on defendants. In product liability cases, the plaintiff has a few medical records; the defendant has millions of pages of design and manufacturing records. In securities cases, the plaintiff has records of the purchase and sale of a security; the defendant has every scrap of financial data that it ever created. Class action litigation can compound the problem. “ Electronic discovery multiplies the problem. The plaintiff still possesses almost nothing, but the defendant has (intentionally or not) saved many times as many documents as it saved in a paper world . And there are essentially insurmountable technical and logistical challenges of saving all of those documents once litigation begins. Some judges have a general sense of the burdens that the world of e-discovery puts on corporations, but the typical judge (even the typical lawyer) doesn't really appreciate the problem because the judge has not spent hours watching information technology people explain that they don't even know what exists, let alone how to preserve (or recover) it all . “ Zealous advocates try to take advantage of this imbalance, which is why class action plaintiffs' counsel routinely demand that defendants save everything. That request cannot be met, so the parties begin an endless routine with the plaintiffs accusing the defendant of having destroyed stuff.”
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18. Electronic Document Management and Discovery WHERE IS THE TIPPING POINT? Ronald D. Coleman [email_address] COLEMAN LAW FIRM New York, NY Clifton, NJ 212-752-9500