News & Analysis as of

Discovery Cyberforensics

Locke Lord LLP

Following the Trail of Lost or Destroyed ESI with Forensic Imaging

Locke Lord LLP on

When there is potentially crucial evidence on a computer or device once controlled by the opposing party, an ex-employee plaintiff, or someone suspected to have stolen trade secrets we want to track it down as soon as...more

EDRM - Electronic Discovery Reference Model

[Webinar] Tracking User Behavior using the Windows Registry - February 29th, 1:00 pm - 2:00 pm ET

The Windows Registry has been around forever and is sometimes looked at as a HIVE of random chaos. However, even after all these years there is a lot of great information that can be pulled from the registry. This...more

HaystackID

[Webcast Transcript] Targeted Remote Collections for iOS and Android Devices: Challenges and Considerations for Sourcing Tools and...

HaystackID on

Editor’s Note: In this insightful transcript of the educational webcast hosted by HaystackID on May 17, 2023, our expert panel discusses targeted remote collections for iOS and Android devices, focusing on the unique...more

Association of Certified E-Discovery...

[Webinar] Forensic Collections for eDiscovery Activities - October 13th, 1:00 pm - 2:00 pm EDT

With more employees working remotely, it's more important than ever to ensure you can preserve and collect data in a variety of ways from a variety of sources. Depending on the use case - internal investigation, government or...more

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

Lowndes on

Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

Nutter McClennen & Fish LLP

Step Carefully: Protecting Data Breach Expert Reports from Discovery

In order to provide legal advice to clients in the aftermath of a hacking, lawyers must rely on digital forensics investigators to understand the nature and scope of the breach. Corporations also use this type of information...more

Oberheiden P.C.

5 Keys to Picking the Best Digital Forensics Company

Oberheiden P.C. on

From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more

White and Williams LLP

Another Court Holds a Third-Party Cyber Forensics Report as NOT Privileged

White and Williams LLP on

On January 12, 2021, the United States District Court for the District of Columbia joined the growing list of courts that have held that reports generated by third-party forensics firms in response to a cyberattack are not...more

Association of Certified E-Discovery...

Valuable Windows 10 Artifacts and Evolving Digital Forensic Techniques

Every version of Microsoft Windows brings along improvements in speed, performance, and visuals. Additional “under the hood” elements continue to be introduced that assist in digital forensic investigations. With Windows...more

Association of Certified E-Discovery...

[Webinar] Ask the Experts: Year-End Q&A with BIA - December 8th, 1:00 pm - 2:00 pm EST

2020 has been a year of significant change and adjustment, to say the least: the changes that the WFH era has inflicted on data management; the uptick in litigation across the board; layoffs, budget cuts, and the need to do...more

Association of Certified E-Discovery...

[Webinar] ACEDS Orange County Chapter: Digital Forensics: Putting the “E” in E-Discovery - October 2nd, 11:00 am - 12:00 pm PT

Is that document authentic? When was that photo actually taken? Who is the real owner of that file? Where did that email come from? The tools and techniques used by Digital Forensics experts answer these questions, and more....more

Association of Certified E-Discovery...

Departing Employees, Data Theft, and Digital Forensics

In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more

Hinshaw & Culbertson - Insights for Insurers

Capital One Loses Bid to Shield Post-Breach Report from Consumer Plaintiffs

On June 25, a Federal District Court in Virginia (Anthony J. Trenga, U.S.D.J.) affirmed a Magistrate Judge's Order requiring Capital One to produce a vendor's post-breach forensic report to plaintiffs in a consumer class...more

Hinshaw & Culbertson - Insights for Insurers

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Womble Bond Dickinson

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on

The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

Association of Certified E-Discovery...

[Webinar] ACEDS Chicago Chapter: Catching the Impostors: Spotting Deepfakes and Challenging Fabricated Electronic Evidence - May...

Widely-available digital tools have made it easier than ever for individuals to fabricate and alter digital evidence. Forensic experts and skilled trial attorneys will discuss how to spot suspicious electronic evidence;...more

Association of Certified E-Discovery...

[Webinar] Digital Forensics Disrupted: Are You Ready for CYOD (Collect Your Own Device)? - January 21st, 1:00 pm ET

Join Eric Shirk and George Socha as the discuss and demonstrate Tristan Mobile, a new device for quickly and simply collecting iPhone data, as well as how to make effective use of that data for lawsuits and investigations....more

BakerHostetler

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Arnall Golden Gregory LLP

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Orrick, Herrington & Sutcliffe LLP

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

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