Computer Forensics Articles

January 2013 Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis. Establishing a protocol [...]

May 2012 Google’s recent announcement that they were beginning their own Cloud Storage service called Google Drive triggered a storm of warnings from privacy advocates [...]

October 2011 Couch v. Wan, 2011 WL 2971118 (E.D. Cal. July 20, 2011) raises the possibility that cost-shifting will be applied much more widely.  In [...]

June 2008   Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are [...]

March 2011 New Jersey just released an audit report that showed that almost 80 percent of the used computers it was ready to auction off [...]

September 2010 In Victor Stanley, Inc. v. Creative Pipe, Inc., et al. (D.MD, Sept. 9, 2010), Chief United States Magistrate Judge Paul Grimm extensively analyzes [...]

September 2010  When should a litigation hold be initiated? Plenty of prior cases provide an impractical answer; namely, a litigation hold is triggered when litigation [...]

April 2010 In re: Stengart v. Loving Care Agency, Inc., No. A-16-09 (N.J. Mar. 30, 2010), the New Jersey Supreme Court ruled in one of [...]

February 2010 In another case destined to be widely quoted, U.S District Judge Shira Scheindlin of Zubulake fame issued a ruling electronic discovery spoliation which [...]

January 2010   Text messages are growing exponentially, so a thorough litigator or investigator naturally should evaluate whether evidence on mobile devices could impact his [...]

August 2009   On June 29, 2009, Governor Schwarzenegger signed into law “The Electronic Discovery Act” (California Assembly Bill AB 5). The law took immediate [...]

April 2009  On March 19, 2009, Microsoft made available for downloading version 8 of Internet Explorer (IE). IE has slightly over 2/3 of the browser [...]

July 2008 The cost and complexity of forensics on handheld devices has caused this field to lag behind computer forensics. However, the valuable information contained [...]

May 2008 The prestigious Advanced Practices Council (a unit within the Society of Information Management) recently released a report entitled “Information Lifecycle Management Concepts, Practices [...]

May 2008 In litigation between competitors, protective orders alone are an insufficient means of solving confidentiality issues. This is particularly true when large databases and [...]

April 2008  Why Electronic Discovery is Expensive Actually, discovery using electronic tools is not expensive at all. The high cost of electronic discovery is instead [...]

October 2007  The hash value is a “digital fingerprint” of a larger document from which it was produced. A hash function takes a long variable-length [...]

October 2007 An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do [...]

October 2007   The majority of commentators regarding electronic discovery bemoan the high cost of dealing with all the electronic records. This usually misses the [...]

October 2007  Qualcomm, Inc. v. Broadcom Corporation, No. 05-CV-1958-B(BLM), 2007 WL 2296441 (S.D. Cal. August 6, 2007) is likely to have long-lasting impact on the [...]

July 2007     Specifically, the Court ordered that the contents of random access memory (RAM) be permanently recorded, preserved, and produced. The case is [...]

May 2007   Previously, voice mail has rarely been of interest because litigants concluded that the likelihood of getting useful information was not worth the [...]

May 2007  Under Federal Rules of Civil Procedure (FRCP) 26(b) (2) (B), a party need not produce electronically stored data (ESI) that is not reasonably [...]

February 2007   As published in the Journal of Forensic Accounting, and other publications.  While the message about the need to destroy electronic data contained [...]

February 2007  The form in which you receive electronically stored information can make or break a case. The new FRCP rules provide for document production [...]

January 2007   Computer forensics can be used to determine whether an employee violated company policies. In making these determinations, one must be careful to [...]

August 2006   Redaction (hiding information) of documents is needed to (i) protect legal privileges, (ii) protect information that is outside a discovery request, and [...]

February 2006  Clients, courts, and opponents are becoming more savvy about the efficiencies that occur when electronic discovery is performed properly.  A recent Delaware Chancery [...]

December 2005  Employees have a variety of inexpensive digital storage devices available to them that, when used at work, pose significant data security issues.  An [...]

November 2005 Increasingly, lawyers are asked to review and produce metadata (also known as “embedded data”) in response to legal discovery requests.  Courts throughout the [...]

October 2005   Fulbright & Jaworski’s recent annual study of in-house trends named electronic discovery as the number 1 litigation-related burden for companies with revenues [...]

May 2005  Electronic discovery needs to be taken more seriously by many litigants.  A recent big-dollar case provides a striking example from a (presumably) sophisticated [...]

January 2005 Plaintiff’s may seek less discovery based on a recent ruling in Toshiba America Electronic Components vs. Superior Court (2004, 21 Cal Rptr. 3d [...]

August 2004 Recently, federal Courts imposed a number of spoliation sanctions involving e-mail electronic discovery.  Specifically: Zubulake vs. UBS Warburg (SD NY: July 20, 2004) [...]

February 2007 Increased use of computerized data in disputes also increases the number of times that incorrect conclusions are reached because the data has not [...]