Understanding e-Discovery Data Types and Collection Costs

About two years ago, I discovered this article on the different types of electronic discovery & forensic collections and associated costs.  I recently referred a client to this article and wanted to share it with those who may not have come across it.  Corporate Technology Counsel for Fios, Mary Mack, is the author of the book, A Process of Illumination: The Practical Guide to Electronic Discovery."  This excerpt from her book was posted at the FindLaw blog.  Great read that puts into perspective the different types of collections, and it also clarified some of the jargon used among e-discovery and forensics professionals.

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‘Nuff Said on Imagining a Laptop

The Bow Tie Law blog blogged about a case involving the issue of self-collection (and targeted collection) vs. the complete forensic imaging of a laptop.  In this concise article, many very relevant issues are touched including naming a few targeted collection tools.  This is a great read for attorneys and forensics guys, especially ones who believe that a complete forensic image is the only way.

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Meet and Confer - Getting it Right

The May edition of the Digital Detectives podcast discusses the practical way to dealing with the events associated with the Meet and Confer.  Texas attorney, David Chaumette helps answer a lot of questions regarding what is expected of attorneys from the litigation hold to the production of ESI.

As a bonus prize, here is a link to one of Craig Ball's resources on the Meet and Confer, including a list of 50 questions which could be considered.  I had the pleasure of speaking with Craig during my recent trip to the Computer Enterprise and Investigations Conference in Orlando, Florida.  If you have a week to blow off, you can explore the other resources at craigball.com.

The Five Hottest Topics in E-Discovery

Once again, the latest Digital Detectives podcast left me charged up and on the edge of my seat.  Sharon and John were joined by California attorney and author of the Bow Tie Blog, Josh Gilliland, to discuss some of the hot topics in E-Discovery.  While those heavily involved in E-Discovery may find the dialog to be the standard chatter among the listservs, forums and conferences, the forensic examiner and small-to-midsized law firms can particularly benefit from listening.

Two of the topics I was most interested in were: the mention of several affordable desktop review platforms for sole practitioner or small law firms; and the talk about third-party subpoenas to ISPs (Yahoo, Google) and the stringent protections of the SCA.

Once again, Bravo! to all participants.

Integrating Forensic Investigation Methodology into eDiscovery

I just came across a fantastic paper by Colin Chisholm and Jeff Groman, submitted as a GIAC Gold Certification paper to the SANS Institute in January 2010. As the title, Integrating Forensic Investigation Methodology into eDiscovery, would suggest, it lays out the implementation of forensic methodology to the eDiscovery process (limited to the Collection & Preservation phases of the EDRM). This paper is a great read for the three camps: Forensicators operating in the eDiscovery space, members of the legal community, and eDiscovery professionals who would benefit from some more insight into the mentality of traditional forensic investigators. It is extremely helpful for members of each group to understand the terminology, methodology, and (most importantly) the basis of thought of each of the other counterparts. This paper does a stellar job at bridging that gap.

What is Wrong, or Right, with e-Discovery in America?

Ralph Losey recently put together a concise and balanced article presenting the good and bad of e-Discovery in America.  The article presents both sides of the argument for the status of e-Discovery with regard to education, sanctions, and technology's impact on our courts.

The difference between e-Discovery and Computer Forensics?

Having come down the digital forensics track, it took me a while to come to grips with the idea of e-Discovery.  I remember thinking, "So let me get this straight... A write blocker is unnecessary and data in unallocated space is not important?"  While that is not always the case with e-discovery, it is more often than in a case calling for computer forensics.

It is important to differentiate whether an engagement calls for e-discovery or forensics from the beginning in order to establish goals and pricing.  For example, forensics work is generally billed by the hour, whereas e-discovery processing is often charged by the amount of data. It is also not uncommon for a typical e-discovery case to require forensics processes after, let's say, the initial e-discovery production seems to be missing emails expected to have been produced.

Yesterday, I read a fantastically concise explanation for differentiating e-discovery and computer forensics by Bill Dean at Sword & Sheild's blog. Our communities need articles like this to help bridge the verbiage gap between attorneys, litigation support personnel, and e-discovery and computer forensics practitioners.  I highly recommend spending five minutes to take a look.

Computer Forensics and Personal Computers in Business Cases

Sharon D. Nelson at Ride The Lightning responds and adds her comments regarding personal computers being brought into business cases.  She is responding to a very thorough discussion of Genworth Fin. Wealth Mgmt. v. McMullan (2010 U.S. Dist. LEXIS 53145 (18-19) (D. Conn. June 1, 2010) at the Bow Tie Law's Blog, in an article titled "How to Get a Judge to Overcome the Guilt of Ordering the Forensic Examination of a Personal Computer." This is becoming more of a hot topic, as more workers I encounter are technologically connected to their workplace.  Both articles are must-reads and should be bookmarked for the archives.

Facebook can make or break your case

Facebook and other social networking sites are continuing to produce evidence, so it would be wise to be ahead of the curve on this front, as an attorney or business leader. Eric B. Meyer at The Legal Intelligencer Blog put together one of the most informative articles I've seen on this topic.  You'll find several links worth bookmarking, including a list of internet service provider mailing addresses for service of subpoenas and a link to a recent case in which a federal court permitted an employer to obtain discovery of an employee's social networking activity that, through privacy settings, the employee had made "private" and not available to the general public.
Article Link: How Facebook Can Make or Break Your Case

What Can Happen When Lawyers Delegate Their e-Discovery Duties to a Client

The e-Discovery Team blog discusses a recent bankruptcy case in which the e-discovery duties are over-delegated to their client, bringing up issues of spoliation and sanctions. 

Article Link: What Can Happen When Lawyers Delegate Their e-Discovery Duties to a Client

The Attorney/Forensic Examiner Language Barrier

I have spent much of my life explaining technical issues to less tech-savvy people, so I know first-hand how important it is.  As with most specializations, the mentality and language is simply different than how most people think and speak.  I know when I put on my general ledger thinking cap, the word debit has a different meaning than it does to most debit-card using consumers.  This article at the ExForensics blog explains and helps clarify some of the verbiage that is often misunderstood when a computer forensics type communicates with a member of the attorney or e-discovery party.  I highly recommend this article for both attorneys and computer forensics people.  At the very least, you need to know that some words (i.e. "copy") need clarification.

Article Link: Attorneys are from Mars, Computer Forensics People are from Pluto

Ethics Regarding Lawyers Gathering Evidence From Social Networking Sites

This article at the Ride The Lightning blog presents some considerations regarding the methods and issues relating to attorneys gathering evidence from social networking sites, specifically Facebook.  Sharon comments from the Divorce/Family Law perspective about the ethical predicament lawyers could be faced with if their retrieval methods walk the line.

Article Link: No, No, You Can't Do That: Lawyers Surreptitiously Friending on Facebook

E-discovery Implications of Social Networking

Sharon D. Nelson, Esq., of the Ride The Lightning blog, discusses the risk management issues and smoking guns that can be associated with social networking sites such as Facebook, Myspace and Foursquare.  The article points out that many employees are shifting their social media interactions to personal cellphones in order to circumvent restrictions found on company-provided equipment and networks.

Article Link: Facebook More Popular Than Google: E-discovery Implications

Three Keys to e-Discovery

Ralph Losey is a lawyer, writer and educator based in Central Florida.  He is an adjunct professor of law at the University of Florida.  This article describes his three keys to successful e-discovery, each of which involve fundamental changes to the way most lawyers practice. 

Article Link: One Minute Summary of My Three Keys to e-Discovery