News & Analysis as of

Electronic Evidence

Shrinking Damages with Smart Data

by Wilson Elser on

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall...more

Locating Digital Breadcrumbs: Programs Can Run, But They Can’t Hide

by Seyfarth Shaw LLP on

Determining whether programs or malware actually ran on a system is an important goal of seasoned examiners when investigating computer evidence. Generally, there are several artifacts left behind anytime executables are...more

Selecting a Forensic Investigator: A How-To Guide

by Bryan Cave on

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize...more

Case Law: You Can’t Spoliate Evidence That You Don’t Possess

by Zapproved LLC on

HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for sanctions because the plaintiff failed to prove that the defendant ever...more

Many Discovery Tools Exist To Find Emails To Prove Shareholder Oppression

I have noted many times on this blog that emails often prove shareholder oppression cases. It can be fairly easy for majority shareholders who are careful, and seek legal advise beforehand, to mask their true intent when...more

[Webinar] Class Actions and Complex Litigation Webinar Series - Cutting Edge Strategies For E-Discovery In Class Actions, Jan....

by Jackson Lewis P.C. on

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Comic Book E-Discovery: Writer Ben Percy & Attorney Josh Gilliland Weigh In on the Legal World of DC's Green Arrow

by Exterro, Inc. on

Some people might think of comic books as flights of fancy filled with characters wielding supernatural powers to fight foes from other planets, and yes, that’s true. But there are other comics that, while still being...more

Judicial Internet Research: Dr. Posner Faces Peer Review

by Foley & Lardner LLP on

Last month, we wrote about the Seventh Circuit’s decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), a decision written by Judge Richard Posner that created considerable controversy regarding the propriety of internet...more

Data Detecting Dogs: The FBI’s Newest Tool in Fighting Cyber-Crime

The FBI’s latest weapon in locating electronic evidence is not a computer program, it’s a dog.  The FBI is using data-sniffing dogs in raids to cut down on the time it takes agents to locate small hidden data storage devices....more

Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information

by Lane Powell PC on

A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a...more

Smoking Gun Or Blowing Smoke? Five Tips To Make Sure That Computer Forensic Evidence Of Trade Secret Theft Is What You Think It Is

Today’s hackers and ex-employees steal secrets with USB drives, personal email accounts, and computer networks, making computer forensics critical in detecting trade secret theft....more

e-Discovery Update: Avoid Sanctions by Appropriately Preserving Electronically Stored Information

by Partridge Snow & Hahn LLP on

A 2013 ruling from the Rhode Island Superior Court illustrates the necessity of preserving potentially relevant information in the face of pending or threatened litigation, and the harsh consequences that can result from a...more

A Hurdle To Obtaining Electronic Evidence

by Zelle LLP on

While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

Aaron Hernandez and the Consequences of Destroying Electronic Evidence

by Foley & Lardner LLP on

The disturbing saga of former New England Patriot tight end Aaron Hernandez has continued to unfold before our eyes over the past few days. Hernandez has now been charged with one count of first-degree murder and is allegedly...more

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Cybersecurity

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