Legal Support

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 often 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
Digital Forensics
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Phone: 619.446.6344
Email: director@hightechnologyforensics.com

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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 often 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