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.
This document provides an overview of electronic discovery (eDiscovery) including defining electronically stored information (ESI), understanding the eDiscovery process, and Hudson Legal's role. It explains that ESI includes emails, documents, social media posts and more. The eDiscovery process is broken down into the nine phases of the Electronic Discovery Reference Model (EDRM) including identification, preservation, collection, processing, review, analysis, production and presentation. Hudson Legal assists with project management, document review, and quality control during the review process.
E Discovery General E Discovery Presentationjvanacour
This document provides an overview of key concepts and best practices regarding electronic discovery (e-discovery). It discusses the duty to preserve relevant evidence once litigation is reasonably anticipated. It also outlines the stages of managing e-discovery, including having a reasonable document retention policy prior to notice, issuing a litigation hold once notice is received, and complying with discovery requests once litigation begins. The document emphasizes communicating preservation obligations, overseeing preservation efforts, and producing electronic documents and metadata in a usable format.
Electronic records present new challenges for records management that paper records do not. Electronic records are more likely to be unmanaged than paper records, and organizations are less confident that electronic records have not been improperly accessed or changed compared to paper records. Many organizations do not have policies for long-term preservation of electronic records or plans to migrate records to new file formats or storage media. Proper records management is needed to address issues like format and storage media obsolescence to ensure access to electronic records over time.
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.
This document provides an overview of digital forensics and how investigators examine digital evidence. It discusses how data can be hidden and the tools and methods used to detect hidden data, such as Stegdetect software. The document also covers the reliability of digital evidence and the Daubert guidelines for testing evidence validity. Additionally, it provides examples of common email crimes like inheritance and bank scams and the process for investigating email-related offenses.
The document discusses the development of a forensic lab at Rochester Institute of Technology. It outlines the goals of providing hands-on experience for students to learn forensic investigation procedures and tools. Challenges in choosing appropriate tools and preserving evidence are discussed. The lab curriculum covers topics such as incident response, drive imaging, data recovery and analysis using both open-source and commercial tools. Students provided positive feedback, enjoying the practical learning experience, though some asked for more real-world case studies and more time for in-depth exploration. The document proposes expanding inter-course collaboration to continuously evolve lab materials and keep pace with new threats.
This document provides an overview of electronic discovery (eDiscovery) including defining electronically stored information (ESI), understanding the eDiscovery process, and Hudson Legal's role. It explains that ESI includes emails, documents, social media posts and more. The eDiscovery process is broken down into the nine phases of the Electronic Discovery Reference Model (EDRM) including identification, preservation, collection, processing, review, analysis, production and presentation. Hudson Legal assists with project management, document review, and quality control during the review process.
E Discovery General E Discovery Presentationjvanacour
This document provides an overview of key concepts and best practices regarding electronic discovery (e-discovery). It discusses the duty to preserve relevant evidence once litigation is reasonably anticipated. It also outlines the stages of managing e-discovery, including having a reasonable document retention policy prior to notice, issuing a litigation hold once notice is received, and complying with discovery requests once litigation begins. The document emphasizes communicating preservation obligations, overseeing preservation efforts, and producing electronic documents and metadata in a usable format.
Electronic records present new challenges for records management that paper records do not. Electronic records are more likely to be unmanaged than paper records, and organizations are less confident that electronic records have not been improperly accessed or changed compared to paper records. Many organizations do not have policies for long-term preservation of electronic records or plans to migrate records to new file formats or storage media. Proper records management is needed to address issues like format and storage media obsolescence to ensure access to electronic records over time.
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.
This document provides an overview of digital forensics and how investigators examine digital evidence. It discusses how data can be hidden and the tools and methods used to detect hidden data, such as Stegdetect software. The document also covers the reliability of digital evidence and the Daubert guidelines for testing evidence validity. Additionally, it provides examples of common email crimes like inheritance and bank scams and the process for investigating email-related offenses.
The document discusses the development of a forensic lab at Rochester Institute of Technology. It outlines the goals of providing hands-on experience for students to learn forensic investigation procedures and tools. Challenges in choosing appropriate tools and preserving evidence are discussed. The lab curriculum covers topics such as incident response, drive imaging, data recovery and analysis using both open-source and commercial tools. Students provided positive feedback, enjoying the practical learning experience, though some asked for more real-world case studies and more time for in-depth exploration. The document proposes expanding inter-course collaboration to continuously evolve lab materials and keep pace with new threats.
This document discusses electronic discovery (eDiscovery) which refers to the discovery of electronically stored information in legal cases. It notes that eDiscovery costs are skyrocketing, averaging over $1.5 million per corporate lawsuit. The document outlines typical eDiscovery costs including collecting, processing, reviewing data which can cost thousands or millions depending on the size of the case. It emphasizes that proactive information management is key to addressing eDiscovery by developing policies to help employees manage information and only retain necessary records.
Digital forensics involves identifying evidence from digital sources using scientific tools and techniques to solve crimes. There are two criteria for evidence admission in court: relevance to the case and use of scientific methods. Errors in evidence gathering can result in meaningless evidence or penalties. The process involves preservation, identification, extraction, documentation, and interpretation of data. Tools like WetStone's Gargoyle and Niels Provos's stegdetect can detect hidden data. The reliability of found data must undergo a Daubert hearing to ensure the tools and methods are viable in court. Professional, ethical, and legal issues must be considered regarding an investigator's role, privacy concerns, and challenges from evolving technologies.
Download DOC word file from below Links:
Link 1 :http://gestyy.com/eiT4WO
Link 2: http://fumacrom.com/RQUm
Disclaimer: Above doc file is only for education purpose only
Process of Digital forensics
Identification
Preservation
Analysis
4. Presentation and Reporting:
5. Disseminating the case:
What is acquisition in digital forensics?
How to handle data acquisition in digital forensics
Types of Digital Forensics
Disk Forensics
Network Forensics
Wireless Forensics
Database Forensics
Digital forensics is the application of science to solve legal problems involving digital evidence. It has emerged since the 1980s as computer crimes have grown. There are challenges to reliability such as standards, controls, and new technologies like cloud and solid state drives. Case studies demonstrate how digital evidence can solve old cases, as with the BTK killer through metadata on a word document. The field faces ongoing challenges but continued research supports its validity in courts of law.
The document outlines the steps of a cyber forensic investigation process:
1. Verification and identification of systems involved to collect relevant data.
2. Preservation, collection and acquisition of evidence from systems in a manner that minimizes data loss and maintains a legally defensible chain of custody.
3. Processing, review and analysis of collected data through techniques like timeline analysis, keyword searching and data recovery to find relevant evidence.
Presentation accompanying keynote to E-Discovery Conference, Auckland 13 Feb 2013. Outlines issues surrounding documents in the digital paradigm. Addresses in summary form the e-discovery implications of the NZ High Court Rules
Digital forensics research: The next 10 yearsMehedi Hasan
Today’s Golden Age of computer forensics is quickly coming to an end. Without a clear strategy for enabling research efforts that build upon one another, forensic research will fall behind the market, tools will become increasingly obsolete, and law enforcement, military and other users of computer forensics products will be unable to rely on the results of forensic analysis. This article summarizes current forensic research directions and argues that to move forward the community needs to adopt standardized, modular approaches for data representation and forensic processing.
@2010 Digital Forensic Research Workshop. Published by Elsevier Ltd. All rights reserved
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.
This document is a research project submitted by Ronak Karanpuria to Prof. S.B.N. Prakash at the National Law School of India University in Bangalore for the subject of E-commerce & IT law in trimester IV of 2013-14. The research project examines the topic of "Electronic Evidence" and addresses its relevance, authenticity, and admissibility in court procedures in the context of the modern digital environment. The document includes sections on the types of electronic evidence, assessing electronic evidence, techno-legal prerequisites for electronic evidence, and the admissibility of electronic evidence. It also briefly discusses cloud computing.
Slides accompanying a presentation at CTC2013 by Judges David Harvey and Daniel Garrie Esq on issues judges need to take into account when dealing with E-Discovery disputes
Digital forensics and Cyber Crime: Yesterday, Today & TomorrowPankaj Choudhary
It provides brief overview about history, current and future aspects of cyber crime and digital forensics.
It covers :
DF Process
Current Digital Forensics Challenges
Jobs and Opportunity
DF Certification Details
This document provides an overview of digital forensics. It defines digital forensics and forensic science. Digital forensics involves the preservation, collection, analysis and presentation of digital evidence. There are different branches of digital forensics related to different devices. Examples of digital evidence include emails, photos, transaction logs, documents and computer memory contents. Characteristics of good digital evidence are that it is admissible, authentic, fragile, accurate and convincing. Several digital forensic models are described that involve multiple phases of an investigation. The benefits of digital forensics include protecting against theft, fraud, hacking and viruses. Skills required for digital forensics include technical experience, strong analysis and evidence handling skills.
With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when outsourcing identification, collection, culling, early-case assessment, and first-pass review. Outsourcing is no longer an option from both a cost and risk perspective.
Electronic Document Management And DiscoveryRonald Coleman
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.
Download DOC Word file from below links
Link 1: http://gestyy.com/eiT4zZ
Link 2: http://fumacrom.com/RQRL
Disclaimer: Above doc file is only for education purpose only
Contains some important questions on information security/cyber security
Q1) When you want to authenticate yourself to your computer, most likely you type in your username and password. The username is considered public knowledge, so it is the password that authenticates you. Your password is something you know.
1.1 It is also possible to authenticate based on something you are, that is, a physical characteristic. Such a characteristic is known as a biometric. Give an example of biometric-based authentication.
1.2 It is also possible to authenticate based on something you have, that is, something in your possession. Give an example of authentication based on something you have.
1.3 Two-factor authentication requires that two of the three authentication methods (something you know, something you have, something you are) be used. Give an example from everyday life where two-factor authentication is used. Which two of the three are used?
Q2) Malware is software that is intentionally malicious, in the sense that it is designed to do damage or break the security of a system. Malware comes in many familiar varieties, including viruses, worms, and Trojans.
2.1 Has your computer ever been infected with malware? If so, what did the malware do and how did you get rid of the problem? If not, why have you been so lucky?
2.2 In the past, most malware was designed to annoy users. Today, it is often claimed that most malware is written for profit. How could malware possibly be profitable?
Q3) What is war dialling and war driving?
Q4) Suppose that we have a computer that can test 240 keys each second.
4.1 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 288?
4.2 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 2112?
4.3 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 2256?
Q5) What kind of attacks are possible on mobile/cell phones? Explain with example.
Q6) Explain the countermeasures to be practiced for possible attacks on mobile/cell phones.
The document discusses the roles and responsibilities of a computer forensic investigator. It explains that an investigator must gather digital evidence in a forensically-sound manner from various computer systems and devices. This includes recovering deleted files, analyzing file slack and unallocated space, validating email messages, and using file hashes and metadata to determine what files were created on which devices. The goal is to properly handle, analyze, and present admissible digital evidence in court.
Digital forensics is the preservation, identification, extraction and documentation of computer evidence for use in courts. There are various branches including network, firewall, database and mobile device forensics. Digital forensics helps solve cases of theft, fraud, hacking and viruses. Challenges include increased data storage, rapid technology changes and lack of physical evidence. Three case studies showed how digital forensics uncovered evidence through encrypted communications, text messages and diverted drug operations. The future of digital forensics includes more sophisticated tools and techniques to analyze large amounts of data.
Digital forensic principles and procedurenewbie2019
This document provides an overview of digital forensics principles and procedures. It discusses key guidelines for digital forensic investigations from organizations like ACPO and NIJ. The core principles of digital forensics are outlined, including that investigators should not alter original data and must have the skills to explain their examination process. The document also categorizes different types of digital forensics like computer, mobile, and audio/video forensics. The typical processes in a digital investigation are identified as identification, preservation, analysis, documentation, and presentation. Evidence can come from various electronic sources like computers, phones, and storage devices.
Digital Evidence in Computer Forensic InvestigationsFilip Maertens
The document discusses digital evidence and its importance in investigations. It defines different types of digital evidence and outlines challenges and best practices for acquiring, handling, and preserving digital evidence. Specifically, it covers defining digital evidence, why it is important, challenges involved, general methodologies including seizure practices and safe acquisition methods, and safeguarding digital evidence. The presentation provides guidance to law enforcement on properly obtaining and securing digital evidence.
This document summarizes several models and frameworks for digital forensic examination developed between 2000-2015. It provides brief descriptions of key frameworks such as the ACPO principles of 2007, NIJ guidelines of 2008, ENFSI guidelines of 2009 and several process models including the 3A model, IDIP model, InteDFPM model and Palantir framework for collaborative incident response. The document is intended to provide an overview of the evolution of digital forensic examination processes and standards over this 15 year period.
Total Evidence Management (TEM) is an approach to efficiently manage both digital and physical evidence for complex litigation in the digital age. TEM combines all relevant evidence, including documents, emails, audio/video files, and metadata from various sources into a centralized electronic repository. This repository allows lawyers to preserve, process, review, analyze, organize and collaborate on evidence. By using TEM, lawyers can save clients time and money in the discovery process where most cases are won or lost, rather than during the courtroom trial.
“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.
This document discusses electronic discovery (eDiscovery) which refers to the discovery of electronically stored information in legal cases. It notes that eDiscovery costs are skyrocketing, averaging over $1.5 million per corporate lawsuit. The document outlines typical eDiscovery costs including collecting, processing, reviewing data which can cost thousands or millions depending on the size of the case. It emphasizes that proactive information management is key to addressing eDiscovery by developing policies to help employees manage information and only retain necessary records.
Digital forensics involves identifying evidence from digital sources using scientific tools and techniques to solve crimes. There are two criteria for evidence admission in court: relevance to the case and use of scientific methods. Errors in evidence gathering can result in meaningless evidence or penalties. The process involves preservation, identification, extraction, documentation, and interpretation of data. Tools like WetStone's Gargoyle and Niels Provos's stegdetect can detect hidden data. The reliability of found data must undergo a Daubert hearing to ensure the tools and methods are viable in court. Professional, ethical, and legal issues must be considered regarding an investigator's role, privacy concerns, and challenges from evolving technologies.
Download DOC word file from below Links:
Link 1 :http://gestyy.com/eiT4WO
Link 2: http://fumacrom.com/RQUm
Disclaimer: Above doc file is only for education purpose only
Process of Digital forensics
Identification
Preservation
Analysis
4. Presentation and Reporting:
5. Disseminating the case:
What is acquisition in digital forensics?
How to handle data acquisition in digital forensics
Types of Digital Forensics
Disk Forensics
Network Forensics
Wireless Forensics
Database Forensics
Digital forensics is the application of science to solve legal problems involving digital evidence. It has emerged since the 1980s as computer crimes have grown. There are challenges to reliability such as standards, controls, and new technologies like cloud and solid state drives. Case studies demonstrate how digital evidence can solve old cases, as with the BTK killer through metadata on a word document. The field faces ongoing challenges but continued research supports its validity in courts of law.
The document outlines the steps of a cyber forensic investigation process:
1. Verification and identification of systems involved to collect relevant data.
2. Preservation, collection and acquisition of evidence from systems in a manner that minimizes data loss and maintains a legally defensible chain of custody.
3. Processing, review and analysis of collected data through techniques like timeline analysis, keyword searching and data recovery to find relevant evidence.
Presentation accompanying keynote to E-Discovery Conference, Auckland 13 Feb 2013. Outlines issues surrounding documents in the digital paradigm. Addresses in summary form the e-discovery implications of the NZ High Court Rules
Digital forensics research: The next 10 yearsMehedi Hasan
Today’s Golden Age of computer forensics is quickly coming to an end. Without a clear strategy for enabling research efforts that build upon one another, forensic research will fall behind the market, tools will become increasingly obsolete, and law enforcement, military and other users of computer forensics products will be unable to rely on the results of forensic analysis. This article summarizes current forensic research directions and argues that to move forward the community needs to adopt standardized, modular approaches for data representation and forensic processing.
@2010 Digital Forensic Research Workshop. Published by Elsevier Ltd. All rights reserved
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.
This document is a research project submitted by Ronak Karanpuria to Prof. S.B.N. Prakash at the National Law School of India University in Bangalore for the subject of E-commerce & IT law in trimester IV of 2013-14. The research project examines the topic of "Electronic Evidence" and addresses its relevance, authenticity, and admissibility in court procedures in the context of the modern digital environment. The document includes sections on the types of electronic evidence, assessing electronic evidence, techno-legal prerequisites for electronic evidence, and the admissibility of electronic evidence. It also briefly discusses cloud computing.
Slides accompanying a presentation at CTC2013 by Judges David Harvey and Daniel Garrie Esq on issues judges need to take into account when dealing with E-Discovery disputes
Digital forensics and Cyber Crime: Yesterday, Today & TomorrowPankaj Choudhary
It provides brief overview about history, current and future aspects of cyber crime and digital forensics.
It covers :
DF Process
Current Digital Forensics Challenges
Jobs and Opportunity
DF Certification Details
This document provides an overview of digital forensics. It defines digital forensics and forensic science. Digital forensics involves the preservation, collection, analysis and presentation of digital evidence. There are different branches of digital forensics related to different devices. Examples of digital evidence include emails, photos, transaction logs, documents and computer memory contents. Characteristics of good digital evidence are that it is admissible, authentic, fragile, accurate and convincing. Several digital forensic models are described that involve multiple phases of an investigation. The benefits of digital forensics include protecting against theft, fraud, hacking and viruses. Skills required for digital forensics include technical experience, strong analysis and evidence handling skills.
With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when outsourcing identification, collection, culling, early-case assessment, and first-pass review. Outsourcing is no longer an option from both a cost and risk perspective.
Electronic Document Management And DiscoveryRonald Coleman
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.
Download DOC Word file from below links
Link 1: http://gestyy.com/eiT4zZ
Link 2: http://fumacrom.com/RQRL
Disclaimer: Above doc file is only for education purpose only
Contains some important questions on information security/cyber security
Q1) When you want to authenticate yourself to your computer, most likely you type in your username and password. The username is considered public knowledge, so it is the password that authenticates you. Your password is something you know.
1.1 It is also possible to authenticate based on something you are, that is, a physical characteristic. Such a characteristic is known as a biometric. Give an example of biometric-based authentication.
1.2 It is also possible to authenticate based on something you have, that is, something in your possession. Give an example of authentication based on something you have.
1.3 Two-factor authentication requires that two of the three authentication methods (something you know, something you have, something you are) be used. Give an example from everyday life where two-factor authentication is used. Which two of the three are used?
Q2) Malware is software that is intentionally malicious, in the sense that it is designed to do damage or break the security of a system. Malware comes in many familiar varieties, including viruses, worms, and Trojans.
2.1 Has your computer ever been infected with malware? If so, what did the malware do and how did you get rid of the problem? If not, why have you been so lucky?
2.2 In the past, most malware was designed to annoy users. Today, it is often claimed that most malware is written for profit. How could malware possibly be profitable?
Q3) What is war dialling and war driving?
Q4) Suppose that we have a computer that can test 240 keys each second.
4.1 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 288?
4.2 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 2112?
4.3 What is the expected time (in years) to find a key by exhaustive search if the key space is of size 2256?
Q5) What kind of attacks are possible on mobile/cell phones? Explain with example.
Q6) Explain the countermeasures to be practiced for possible attacks on mobile/cell phones.
The document discusses the roles and responsibilities of a computer forensic investigator. It explains that an investigator must gather digital evidence in a forensically-sound manner from various computer systems and devices. This includes recovering deleted files, analyzing file slack and unallocated space, validating email messages, and using file hashes and metadata to determine what files were created on which devices. The goal is to properly handle, analyze, and present admissible digital evidence in court.
Digital forensics is the preservation, identification, extraction and documentation of computer evidence for use in courts. There are various branches including network, firewall, database and mobile device forensics. Digital forensics helps solve cases of theft, fraud, hacking and viruses. Challenges include increased data storage, rapid technology changes and lack of physical evidence. Three case studies showed how digital forensics uncovered evidence through encrypted communications, text messages and diverted drug operations. The future of digital forensics includes more sophisticated tools and techniques to analyze large amounts of data.
Digital forensic principles and procedurenewbie2019
This document provides an overview of digital forensics principles and procedures. It discusses key guidelines for digital forensic investigations from organizations like ACPO and NIJ. The core principles of digital forensics are outlined, including that investigators should not alter original data and must have the skills to explain their examination process. The document also categorizes different types of digital forensics like computer, mobile, and audio/video forensics. The typical processes in a digital investigation are identified as identification, preservation, analysis, documentation, and presentation. Evidence can come from various electronic sources like computers, phones, and storage devices.
Digital Evidence in Computer Forensic InvestigationsFilip Maertens
The document discusses digital evidence and its importance in investigations. It defines different types of digital evidence and outlines challenges and best practices for acquiring, handling, and preserving digital evidence. Specifically, it covers defining digital evidence, why it is important, challenges involved, general methodologies including seizure practices and safe acquisition methods, and safeguarding digital evidence. The presentation provides guidance to law enforcement on properly obtaining and securing digital evidence.
This document summarizes several models and frameworks for digital forensic examination developed between 2000-2015. It provides brief descriptions of key frameworks such as the ACPO principles of 2007, NIJ guidelines of 2008, ENFSI guidelines of 2009 and several process models including the 3A model, IDIP model, InteDFPM model and Palantir framework for collaborative incident response. The document is intended to provide an overview of the evolution of digital forensic examination processes and standards over this 15 year period.
Total Evidence Management (TEM) is an approach to efficiently manage both digital and physical evidence for complex litigation in the digital age. TEM combines all relevant evidence, including documents, emails, audio/video files, and metadata from various sources into a centralized electronic repository. This repository allows lawyers to preserve, process, review, analyze, organize and collaborate on evidence. By using TEM, lawyers can save clients time and money in the discovery process where most cases are won or lost, rather than during the courtroom trial.
“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.
Defining a Legal Strategy ... The Value in Early Case AssessmentAubrey Owens
Early Case Assessment provides the framework for litigators to identify and analyze electronically stored information in response to a litigation hold and.or discovery request.
Electronic discovery, or eDiscovery, refers to the discovery of electronically stored information in legal proceedings. This includes information stored on devices like computers, phones, hard drives, and more. eDiscovery is more complex than paper discovery due to factors like the persistence, dynamic nature, metadata, and dispersion of electronic data. Managing eDiscovery effectively requires proactive information management policies to control electronic records and reduce costs when responding to legal requests.
Legal Technology 2011 and the ParalegalAubrey Owens
The document discusses challenges facing paralegals and the role of technology. Several industry professionals provide their perspectives. They agree that the greatest challenge is adapting to new technologies and increased data volumes. While rules have remained similar, paralegals must organize greater information amounts and learn new tools. Technology skills are especially important as support staff sizes decrease. Paralegals also need strong organization to manage complex discovery processes involving various technologies and stakeholders.
Best Practices: Complex Discovery in Corporations and Law Firms | Ryan Baker ...Rob Robinson
This document discusses eDiscovery and litigation costs in corporations and law firms. It provides biographies and contact information for two attorneys, Mark L. Smith and Ryan G. Baker, who have experience with complex commercial litigation, antitrust, securities, and intellectual property cases. It also covers topics such as the goals of ediscovery, proportionality, retention and legal holds, collection, processing, review, production, and managing discovery risks and sanctions.
This document discusses electronic discovery (e-discovery) and the evolution of technology and legal demands in the 21st century. It defines e-discovery and electronically stored information (ESI), outlines the common forms and sources of ESI, and describes the stages of the electronic discovery reference model including identification, preservation, collection, processing, review, analysis, and production. It emphasizes the importance of preservation in e-discovery and explains why e-discovery problems involving volume and sources of electronic information are challenging. Finally, it pitches partnering with Pye Legal for e-discovery solutions that contain costs, reduce risks, and avoid sanctions.
The document discusses best practices for meeting critical challenges in eDiscovery. It addresses the need for a systematized eDiscovery program to deal with disparate systems, massive data volumes, and new technologies. Technology assisted discovery is increasingly important and can yield cost savings over manual review. An effective eDiscovery process requires early case assessment, legal holds, review and analysis, and processing and production, supported by information governance practices around archiving email and records. Advanced technologies can help classify records without human intervention and improve eDiscovery processes by examining information in context.
This document summarizes an e-discovery primer presentation given by Royce Cohen and Michael Quartararo of Stroock & Stroock & Lavan LLP. The presentation provides an overview of the key stages of e-discovery as defined by the EDRM model, including information governance, identification, preservation, collection, processing, review, production, and presentation. It also uses a hypothetical litigation scenario to illustrate how these stages would apply in practice to a real legal matter.
Every lawyer needs eDiscovery. Do you do it right?
Learn how to navigate dramatically increasing amounts of electronic data in this free Clio webinar.
How does your firm handle eDiscovery? In litigation and government investigations, eDiscovery is the process by which information is exchanged electronically—and it’s becoming more and more common.
Unlike traditional information stored in paper form, electronic information is much more pervasive, long-lasting, and transient. During a discovery disclosure, you will get mountains of data that needs to be sorted and analyzed. In this webinar, we’ll talk about the principles of eDiscovery and how your can ensure that your practice can properly preserve and sort information efficiently.
Join Nextpoint CEO Rakesh Madhava and Clio’s own Joshua Lenon as we walk you through:
- the basics of eDiscovery
- which tools your firm should use to acquire and preserve information
- how to quickly find the nuggets of data your case needs
- how to integrate eDiscovery better into your practice
Even with the growing importance of eDiscovery, most law firms still aren’t prepared to handle large amounts of digital information. Make sure that yours isn’t one of them.
The document discusses the Electronic Discovery Reference Model (EDRM), which provides a standardized approach to e-discovery activities through 9 phases: Information Management, Identification, Preservation, Collection, Processing, Review, Analysis, Production, and Presentation. It is not meant as a strict linear process but rather an iterative one. The document focuses on explaining the Information Management, Identification, Preservation, and Collection phases in detail. It describes best practices, tools, and considerations for properly conducting each phase of the e-discovery process.
The document provides an overview of an ESI needs assessment conducted for Electric Insurance. It identifies the broad scope of electronically stored information that companies have a duty to preserve and produce during litigation. Failure to do so can result in severe sanctions. The needs assessment includes benchmarking current practices, developing a discovery capabilities plan, mapping ESI locations, and providing education and ensuring ongoing compliance. It recommends taking a proactive approach to planning for e-discovery needs to reduce long-term costs and risks.
This document provides an overview of computer forensics. It defines computer forensics as the scientific examination and analysis of data from computer storage media for use as evidence in a court of law. The document discusses the history and development of the field from the 1970s to present day, covering important events like the creation of specialized investigation teams and the establishment of standards and guidelines. It also outlines key concepts in computer forensics like principles, tools, requirements and processes involved in investigations.
This document provides an overview of the key concepts in electronic discovery (eDiscovery). It discusses what eDiscovery is, the large volumes of electronically stored information (ESI) that exist, and how ESI is considered under the Federal Rules of Civil Procedure. It then outlines the main stages in the eDiscovery process according to the Electronic Discovery Reference Model (EDRM): preservation, collection, culling and analysis, review, and production. Trends in eDiscovery like cost constraints, proportional discovery, and predictive technologies are also summarized. The presentation aims to educate clients on effective collaboration with law firms for eDiscovery.
This document provides an overview of the key concepts in electronic discovery (eDiscovery). It discusses what eDiscovery is, the large volumes of electronically stored information (ESI) that exist, and how ESI is considered under the Federal Rules of Civil Procedure. It then outlines the main stages in the eDiscovery process according to the Electronic Discovery Reference Model (EDRM): preservation, identification and collection of ESI sources, culling and analysis to remove excess data, review of remaining documents, and production of documents. It notes trends in eDiscovery such as a focus on cost control and proportional discovery.
Design for A Network Centric Enterprise Forensic SystemCSCJournals
Increased profitability and exposure of enterprise’s information incite more attackers to attempt exploitation on enterprise network, while striving not to leave any evidences. Although the area of digital forensic analysis is evolving to become more mature in the modern criminology, the scope of network and computer forensics in the large-scale commercial environment is still vague. The conventional forensic techniques, consisting of large proportion of manual operations and isolated processes, are not adequately compatible in modern enterprise context. Data volume of enterprise is usually overwhelming and the interference to business operation during the investigation is unwelcomed. To evidence and monitor these increasing and evolving cyber offences and criminals, forensic investigators are calling for more comprehensive forensic methodology. For comprehension of current insufficiencies, this paper starts from the probes for the weaknesses of various preliminary forensic techniques. Then it proposes an approach to design an enhanced forensic system that integrates the network distributed system concept and information fusion theory as a remedy to the drawbacks of existing forensic techniques.
Unnatural Practice Of Case Management Revised 0610dparalegal
The document discusses the advantages of implementing an electronic case management system over a traditional paper-based system. It notes that an electronic system allows for lower costs, instant access to files from any location, easier collaboration between attorneys and staff, and integration with calendaring and notification systems. The document provides tips for setting up an electronic system, such as using a scanner to digitize documents and software like Adobe Acrobat to convert and store files electronically. Overall, an electronic system mirrors the organization of a paper file system but provides greater efficiency and accessibility of information.
identifies several types of devices on which digital evidence could be (2).docxmckerliejonelle
identifies several types of devices on which digital evidence could be found. list two of the devices provided by the text. 1.Explain what types of evidence you would look for on those devices 2.Explain what limitations you might have, or what hurdles you would have to clear before searching those devices (BOTH as a company IT professional and a law enforcement officer). 3.Identify what, if any, policies would need to be in place for you to search as a private employee, as well as what limits can be placed on the search by police.
Solution
Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. [1] Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required.
The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs,ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets,internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files.
Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents, although important differences such as the lack of established standards and procedures have been noted. In addition, digital evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive, and more readily available. As such, some courts have sometimes treated digital evidence differently for purposes ofauthentication, hearsay, the best evidence rule, and privilege. In December 2006, strict new rules were enacted within the Federal Rules of Civil Procedure requiring the preservation and disclosure of electronically stored evidence. Digital evidence is often attacked for its authenticity due to the ease with which it can be modified, although courts are beginning to reject this argument without proof of tampering.
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Surviving Technology 2009 & The Paralegal
1. Surviving Technology 2009: EDRM & The Paralegal
Paralegal
Paralegals provide invaluable aid to attorneys in the litigation process. Litigation paralegals are the backbone of the trial team,
coordinating the thousands of details that must be accomplished before, during and after trial.
One of a paralegal’s most important tasks is helping lawyers prepare for closings, hearings, trials, and corporate meetings.
Paralegals might investigate the facts of cases and ensure that all relevant information is considered. They also identify
appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases. After they analyze
and organize the information, paralegals may prepare written reports that attorneys use in determining how cases should be
handled. If attorneys decide to file lawsuits on behalf of clients, paralegals may help prepare the legal arguments, draft
pleadings and motions to be filed with the court, obtain affidavits, and assist attorneys during trials. Paralegals also organize
and track files of all important case documents and make them available and easily accessible to attorneys.
Information Management
The collection and management of information from one or more sources and the distribution of that information to one or
more audiences. This sometimes involves those who have a stake in, or a right to that information. Management means the
organization of and control over the structure, processing and delivery of information.
Getting your electronic house in order to mitigate risk & expenses should electronic discovery become an issue, from initial
creation of electronically stored information through its final disposition.
Sources of Discoverable Information:
1. Readily Accessible – maintained in the normal course of business
a. Paper Records
b. Electronic Records
i. Graphic / Image Files
ii. Audio / Video
iii. Emails
iv. Chat Logs
v. Cell Phones
2. Inaccessible or Requires Forensics
a. Archived Tape Data
b. Deleted Data
Governance of Discovery:
1. Federal Rules of Civil Procedure
2. State & Circuit Courts
3. Regulatory Agencies (Internal Investigations)
4. Congressional Acts (GLBA , HIPAA, PCI DSS, Sarbanes-Oxley Act, etc)
Categorization of Information:
1. Responsive
2. Privilege
3. Non-Responsive
Prepared by Aubrey Owens, Superior Document Services, for educational purposes only. Presented February 25, 2009 to the Paralegal Studies Program at JSRCC.
2. Electronic Discovery Reference Model:
EDRM develops guidelines and standards for e-discovery consumers and providers. From the original model to the 2008-2009
projects, EDRM has helped e-discovery consumers and providers reduce the cost, time and manual work associated with e-
discovery.
Identification: Locating potential sources of ESI & determining its scope, breadth & depth.
Preservation: Ensuring that ESI is protected against inappropriate alteration or destruction.
Collection: Gathering ESI for further use in the electronic discovery process (processing, review, etc.)
Processing: Reducing the volume of ESI and converting it, if necessary, to forms more suitable for review & analysis.
Review: Evaluating ESI for relevance & privilege.
Analysis: Evaluating ESI for content & context, including key patterns, topics, people & discussion.
Production: Delivering ESI to others in appropriate forms & using appropriate delivery mechanisms.
Presentation: Displaying ESI before audiences (at depositions, hearings, trials, etc.), especially in native & near-native forms.
Prepared by Aubrey Owens, Superior Document Services, for educational purposes only. Presented February 25, 2009 to the Paralegal Studies Program at JSRCC.
3. Litigation Readiness Technology…Software as a Service (Solution):
The most common challenge facing litigants is how to effectively and efficiently identify potentially responsive documents with
accuracy. No longer is it just as simple as skimming across 10 boxes of paper docs containing 25,000 sheets in less than 8 hours.
Today, litigants need to review 10GB of eDocs which is the equivalent to thousands of electronic files. That equates to more
than 650,000 sheets of paper. It would take more than 208 hours to manually review (8 days for 2 case clerks to sift through
just to pass up the chain for 2nd and 3rd reviews).
Search and Retrieval technology has provided the means for litigants to identify relevant data with a sense of accuracy and
confidence. Keyword searching is the most common format used to cull data in an effort to narrow the scope of documents
deemed relevant for review. Keywords are created and agreed upon by all parties based on the scope of the case as well as
intelligence gained during meet and confer conferences.
Conceptual searching provides litigants with the ability to use taxonomies to create categories of documents based on terms of
similar meaning based on documents identified as relevant from keyword search results. Conceptual searching is designed to
further narrow the scope with potentially relevant document strings based on content and other like factors. Concept
searching is gaining popularity in eDiscovery review protocols, for when used properly, the identification of quot;Hot Docsquot;
becomes less of a burden.
Using the proper search and retrieval solution is critical to wading through the sea of eDocs as it relates to time and money.
SaaS and The Stages of Discovery
Identification using Early Case Assessment Models:
• Road map of discoverable sources for both Paper and Electronic
• Develop case budgets
• Develop case strategy
Preservation & Collection of Data:
• Limited by the scope of Discovery. See FRCP Rule 26(f)
• Document Sweeps
• Electronically Stored Information
• Chain of Custody
Processing, Review and Analysis:
• De-duplication
• Culling via Keyword Term & Conceptual Searching
• Native File Review
• Localized and Hosted document repositories
Production:
• Agreed upon format between Parties. See FRCP Rule 26(f)
• Paper and/or Electronic
• Metadata
• Deliverable Media
Prepared by Aubrey Owens, Superior Document Services, for educational purposes only. Presented February 25, 2009 to the Paralegal Studies Program at JSRCC.