The ability to preserve electronic evidence is critical to presenting a solid case for civil litigation, as well as in criminal and regulatory investigations. Preserving Electronic Evidence for Trial provides everyone connected with digital forensics investigation and litigation with a clear and practical hands-on guide to the best practices in preserving electronic evidence. Corporate management personnel (legal & IT) and outside counsel need reliable processes for the litigation hold – identifying, locating, and preserving electronic evidence. Preserving Electronic Evidence for Trial provides the road map, showing you how to organize the digital evidence team before the crisis, not in the middle of litigation. This practice handbook by an internationally known digital forensics expert and an experienced litigator focuses on what corporate and litigation counsel as well as IT managers and forensic consultants need to know to communicate effectively about electronic evidence. You will find tips on how all your team members can get up to speed on each other’s areas of specialization before a crisis arises. The result is a plan to effectively identify and pre-train the critical electronic-evidence team members. You will be ready to lead the team to success when a triggering event indicates that litigation is likely, by knowing what to ask in coordinating effectively with litigation counsel and forensic consultants throughout the litigation progress. Your team can also be ready for action in various business strategies, such as merger evaluation and non-litigation conflict resolution. Destroy your electronic evidence, destroy your own case—learn how to avoid falling off this cliff Learn how to organize the digital evidence team before the crisis, not in the middle of litigation Learn effective communication among forensics consultants, litigators and corporate counsel and management for pre-litigation process planning Learn the critical forensics steps your corporate client must take in preserving electronic evidence when they suspect litigation is coming, and why cheerful neglect is not an option
This book is a must-read for all litigators, students and academics, especially those who have not dealt with electronic documents during discovery.
Int'l , Inc. , 133 F.R.D. at 166 ( default judgment entered against the defendant who intentionally destroyed a computer program that was central to the action ) and Wm . T. Thompson Co. v . General Nutrition Corp. , 593 F. Supp .
"Pack this one in your beach bag and get ready for nonstop fun.
Understanding Digital Evidence from the Warrant to the Courtroom Larry Daniel. INFORMATION IN THIS CHAPTER: INTRODUCTION. Internet predator and child pornography cases are among the fastest-growing number of cases we see.
This report describes the results of a National Institute of Justice (NIJ)-sponsored research effort to identify and prioritize criminal justice needs related to digital evidence collection, management, analysis, and use....
Mark R. Vespole. W Wagi v. Silver Ridge Park W., 243 N.J. Super. 547, 580 A.2d 1093 (Law Div. 1989) .... 7.06[1] Wangler v. Harvey, 41 N.J. 277, 196 A.2d 513 (1963) .... 5.07 Warren Hosp. v. Does 1-10, 430 N.J. Super.
PART III: PRESERVING ELECTRONIC EVIDENCE § 11.05 CHECKLIST: Preserving Electronic Evidence El Comply with ... 0 Consider stipulation with opposing counsel regarding preservation of electronic evidence in lieu of court-imposed order.
See also LexisNexis Practice Guide NJ Pleadings Ch. 2, Complaint; Ch. 5, Responsive Pleadings and Affirmative Defenses. § 3.04 Requesting and Providing Documents Referred to in Pleadings Proper practice requires that if a document is ...
0 Consider stipulation with opposing counsel regarding preservation of electronic evidence in lieu of court-imposed order. 0 Attempt to establish discovery plan, including preservation of materials for discovery, at case management ...
This book helps you: Determine what type of data is stored on the device Break v1.x and v2.x passcode-protected iPhones to gain access to the device Build a custom recovery toolkit for the iPhone Interrupt iPhone 3G's "secure wipe" process ...