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Tag Archives: responsive

Hillary Clinton’s eMail Drama: Tips From the Trenches

I am in the digital forensics business.  That means that when something related to eMail or computer evidence is in the news, my friends and family ask me questions, like:  “are Tom Brady’s destroyed “DeflateGate” text messages recoverable?”, and “could you recover data from the submerged mobile phones from missing Malaysian Airlines Flight 370 if it was ever recovered?”  So, I get used to these questions.  It’s kind of fun. …Read More

Partner Jeffrey Hartman Published in Bloomberg BNA

Smart Phones: A New Holy Grail of Digital Evidence for Litigators?    Using a series of short case studies, 4Discovery’s Jeffrey L. Hartman illustrates how specialized forensics are bringing new evidence to life in modern litigation as the amount of data stored on mobile phones grows. A vehicle, traveling at highway speeds, gradually veered off the roadway and smashed violently into the rear of a truck parked on the shoulder …Read More

Smartphone Forensics: 10 Tips From The E-Discovery Trenches

Law360, New York (June 19, 2014, 9:59 AM ET) — A real case study: The principal of a Chicago-area school had been accused of engaging in an inappropriate relationship with a student. The student produced a suggestive text message that she alleged had been sent to her by the principal, who denied sending it. Lawyers for the school district were granted a motion to perform a computer forensics analysis of …Read More

Think Digital Forensics and Electronic Discovery is Just About Document Production and Review? Think Again

Computer User Activity Can Help Tell the Story in Many Cases A Case Study in Re-Creating a Computer User’s Actvity The Background The client was a large multi-national technology company with a billion dollar household brand. They had been recently shaken by the departure of a number of key wireless software engineers, all of whom went to work for a competing start-up. When it became obvious that three departed employees …Read More

Legal Holds – Examined Under the Standard of Gross Negligence?

At the beginning of 2010, six-years after Zubulake V (Legal Hold best practices case), Judge Scheindlin in Pension Comm. of Univer. of Montreal Pension Plan. Banc of Am. Secs., LLC, 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010), in part addresses a party’s preservation obligations, in conjunction with spoliation; including a detailed analysis of the varying levels of culpability (e.g., negligent, grossly negligent, and willful behavior) in failing to comply with …Read More

A Computer by Any Other Name…..

Defendants in Trade Secret Case Try to Trick Court by “Re- Naming” Their Computers Prior to Presenting Them for Computer Forensics Analysis The Background A Fortune 500 technology company filed suit against a Chinese – based competitor and a number of former employees for misappropriating “3G” wireless technology. After many months, the defendant was ordered by the Judge in Federal Court to produce three computers that were believed to contain …Read More

Are You Ready For The Implications of Qualcomm v. Broadcom?

Electronic Discovery Issues Lead Once Again to “The Law of Unintended Consequences” Knowledge is Power. Want more knowledge? Contact Impact for a FREE on-site EDiscovery CLE on how to avoid the Qualcomm pitfalls… Visit us at www.impactforensics.com to download a CLE information sheet Background For those who thought Zubalake would have all but eliminated major E-Discovery stumbles, the Qualcomm v. Broadcom decision serves as another nightmarish reality check for litigators. …Read More

The Pension Committee Opinion

Judge Scheindlin’s Call to Action is Zubulake Déjà vu All Over Again “By now it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records – paper or electronic – and to search in the right places for those records, will inevitably result in the spoliation of evidence.” Judge Shira Scheindlin The Pension Committee v. Banc of America Securities (SDNY, …Read More