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…
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…
Originally published on Legal IT Insider. by Stan Pierson… Changes are coming to the Federal Rules of Civil Procedure this year. The revisions are set to take effect in December – and there’s a lot of interest in the proposed changes to Rule 37(e), which focuses on spoliation. Let’s take…
Originally published on Legaltech news. Privilege review typically involves attorneys meticulously inspecting collected documents—but it doesn’t have to. Bill Piwonka, Law Technology News International Data Corporation estimates the volume of digital data created globally will grow 40 percent to 50 percent a year, reaching 40 zettabytes by 2020. Managing these…
Originally published on Above the Law. By Jeff Bennion It seems like I can’t go to an eDiscovery CLE without someone talking about California’s Proposed Formal Opinion 11-0004. It’s probably my fault, at least in part. For those of you who only go to interesting CLEs, allow me to summarize: it’s…
Originally published on DriveSavers Data Recovery. When a data recovery service provider is needed, be sure the facility has the proper industry certifications. Otherwise, the data you are missing may be at a much higher risk of being unrecoverable or even permanently destroyed. The Dangers of Microscopic Particles in Data…
Originally published on New York Law Journal. By Stephen M. Kramarsky Just about every practicing litigator has a story about electronically stored information, or ESI: how it won the case or lost the case or turned up or disappeared. It’s fair to say that electronic discovery has entirely transformed litigation over…
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