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- e-Discovery
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It is a well known fact that 90% of legal evidence
resides in computer systems. |
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Electronically stored information is a distinct category in
e-discovery. The amendments to
Federal Rules of Civil Procedure 16, 26, 33, 34, 45 and
revisions to Form 35
introduced a number of important changes concerning the
discovery
of Electronically Stored Information (ESI).
The state of New Jersey adopted the rules in their
entirety, effective September 1. |
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E-Discovery involves the acquisition, reviewing, sorting
and reporting on information residing on magnetic media
during or before litigation. This process is not the
same as converting paper documents to image format.
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Evidence of destruction or failure to produce
Electronically Stored Information
during E-Discovery can lead to costly penalties,
sanctions, and loss of the lawsuit as a whole. |
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Data
that may be considered as critical evidence in a case
can be stored in Hard Drives, Cell Phones, Digital
Cameras, PDA’s, CD's, DVDs, Flash Cards, or Tapes
and can include:
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e-mails
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plain text and documents
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graphical images
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calendar files
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databases
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spreadsheets
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Attempts to internally or externally intrude
in to a network
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Pirated software
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Financial Information & Transactions
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digital faxes
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audio files
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animation
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websites
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computer applications
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viruses and spyware
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cache files
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Internet cookies and sites visited
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Password protected data
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Data that was deleted or otherwise hidden by
the user
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Swap files or temporary files created by
applications without the knowledge of the
user
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Data or other information that will show
Culpability, intent or other activities of
the user
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Axiana
LLC - partners with Kroll Ontrack to provide electronic
discovery, paper discovery, and computer forensic
solutions for complex litigation and regulatory matters.
With nearly 20 years of experience, Kroll Ontrack is the
leading provider of services and software to help law
firms, financial institutions, corporations, and
government agencies restore, produce, manage, and review
information for legal matters.
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Attorneys please
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go here |
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