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…
An insidious computer virus that reacts violently when detected—destroying everything onboard—is now on the loose. Researchers from Cisco Systems Talos Group discovered the malware threat, called Rombertik. Like many other threats, this one is made up of particularly virulent code attached to a seemingly innocuous email. The bug is designed…
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…
Originally published on Legal Solutions Blog. In last week’s installment, I discussed the meaning of “digital forensics” and touched on the reigning case in scientific evidence admission, Daubert v. Merrell Dow Pharmaceuticals Inc. The Daubert decision resulted in a set of standards used by judges to determine whether scientific evidence is…
Originally published on Legal Solutions Blog. With the widespread permeation of advanced technology into our daily lives, it is inevitable that the products of those technologies, i.e., digital information, will make their way into the courtroom. This has largely occurred in the form of electronic discovery, or eDiscovery, where each…
One of the most challenging aspects of getting data back can be reintegrating it into your computer. If you have a trusted IT professional, we recommend you use their help in this process. Returning to normal will be much easier and more complete if you have not put any new…
Originally published on FCW. The expanding reach of the Freedom of Information Act has introduced a new dynamic at federal agencies, and it is driving the need for IT professionals in the public sector to understand and conduct electronic discovery for records being requested by individuals and private parties under…
Originally published on Forensic Magazine. By Dr. Jim Kent History and fiction are filled with colorful stories of famous investigations and the skills that ultimately solved high-profile crimes. Much has changed since the city of Philadelphia established the first paid daytime police force in 1833.1 What has not changed is…
Originally published on Legal IT Insider. By Stan Pierson In our first article, we discussed this year’s revisions to FRCP 37(e) – set to go into effect in December. The new rule is more about solving problems caused by lost ESI than punishment for the loss, provided parties take reasonable…
