Press release, May 30, 2007:  Atlas LCC Litigation Communications and Collections Software Enables Corporations to Confidently Implement Legal Holds While Reducing the Burden of Litigation

BELLEVUE, Wash. & MOUNTAIN VIEW, Calif.–(BUSINESS WIRE)–LexisNexis, a leading provider of information and services solutions, and PSS Systems, the market leader in legal holds and document retention management software, today announced an agreement whereby the LexisNexis® Discovery Services group will offer PSS Systems’ Atlas LCC™ litigation communications and collections software to its corporate e-discovery clients. Read the rest of this entry »

Blog entry by Ira P. Rothken posted on Moredata, May 22, 2007:

In the course of analyzing web sites and pages in your electronic investigations you will likely come across important evidence that you will need to preserve - from web site text manifesting trademark infringement to web site photos related to copyright infringement or other illegal conduct to web site files demonstrating security breaches.

You may need to analyze, after the fact, the way certain web pages and sites appeared on a certain date and time. You may also need to use certain web site manifestations in evidence in Court….

Article by Gregory P. Joseph, Gregory P. Joseph Law Offices LLC, May 15, 2007:

I.  Electronic Spoliation

A.  Negligence Standard: Residential Funding & Sequelae

The lasting legal legacy of the current era of electronic discovery likely will lie in the area of spoliation and sanctions. Lawyers know how to review, shepherd and maintain paper. Electronic data are another matter. Mere negligence in preserving or promptly producing electronic information is sanctionable, and even hiring and heeding electronic data experts is no guarantee that sanctions will be avoided.

That is the teaching of the Second Circuit’s decision in Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99 (2d Cir. 2002). Residential Funding holds that negligent delay — not destruction, merely delay — in producing electronic data is sanctionable, and that, on the facts, the non-producing party’s reliance on an outside expert firm (hired to retrieve the data that was sought) was not necessarily a defense to sanctions. A notable aspect of this decision lies in the evident need the Court felt to set strict parameters to govern behavior in this area. It applied a negligence standard without even addressing a key Federal Rule of Civil Procedure that had been triggered and would have contemplated the imposition of sanctions for negligence. The Court relied instead on a power that requires a showing of bad faith — yet, under the Court’s holding, bad faith need not be shown….

Blog entry by Ira P. Rothken on Moredata, May 13, 2007:

During the course of an electronic investigation you may be called upon to plan the forensic analysis of a target’s computer system and hard drive.The target hard drive may contain a range of data relevant to an investigation from emails making overt admissions to trace evidence of files that were “attempted” to be deleted that when “undeleted” may prove to be incriminating.

The general flow chart for a computer forensic investigation can be summarized with an acronym ISUPR and is as follows….

Article by J. Bonasia posted on Investors.com, May 11, 2007:  “One new product eliminates traces of communications. Another new product gives people an e-mail address that vanishes in 10 minutes. Products that ax data records are emerging — even as laws to retain such data are being strengthened.

“The verdict is in: The explosion of digital data is creating one heck of a legal headache. It’s likely to cause pain for businesses as the laws dealing with data-retention issues get ironed out….”

Electronic discovery webinar: April 25, 2007.  Noon - 1:00 pm Central.  Law.com.

Article by Christy Burke posted on Law.com, April 19, 2007:  “The electronic-discovery phenomenon is here to stay — and the industry is still exploding.

“The percentage of electronically-stored-information evidence in the standard case has increased exponentially, and all signs on the information superhighway and on roads leading to court indicate that ESI in litigation will escalate as time goes by. Along with e-discovery, the field of computer forensics is becoming evermore central to the discovery process. The need for computer forensics analysis is appearing frequently at the state and federal level, and the field’s influence and demands are permeating civil and criminal cases, both large and small….”

Press release, March 12, 2007:  Unmatched law enforcement pedigree and superior technology help litigators gain control of and confidence in documents produced for discovery

BELLEVUE, Wash.–(BUSINESS WIRE)–With a whirlwind global tour including work for clients in 16 nations on three continents over the past 90 days, LexisNexis® marks the launch of its new Data Collection & Forensic Services lab.

Based at the company’s discovery services headquarters in Bellevue, Wash., the new lab features advanced processing and industrial strength decryption capabilities currently found in very few non-governmental labs. This technology component joins the earlier established “all star” team of specialists, each with years of experience in law enforcement, investigation, information technology, programming, data collection and digital forensics. Together, these assets help law firms and their clients gain greater control over and confidence in the recovery and review of the documents they and opposing parties produce for legal discovery. Read the rest of this entry »

Article by Craig Ball published on Law.com, Feb. 27, 2007:  “Though computer forensics is a young discipline, it’s not the exclusive province of new graduates of computer forensics degree programs. It’s a natural career extension for IT and law enforcement professionals and peripatetic lawyers with a dominant geek gene. Expertise in litigation and computer forensics also opens the door to lucrative opportunities in electronic data discovery consulting. Here are “The Eight E’s” to becoming a skilled CF expert…”

Computer forensics webinar:  Feb. 15, 2007.  1:00 - 2:00 pm Central. Computer Security Institute (CSI), Guidance Software and NetWitness.