Electronic Discovery Navigator

Access to Computer Hard Drive Images Not an Inherent Right During Litigation says Forensic Expert Greg Fordham of K&F Consulting

Access to Computer Hard Drive Images Not an Inherent Right During Litigation says Forensic Expert Greg Fordham of K&F Consulting

"Although parties to litigation have a duty to preserve electronic data, they may not be required to produce the data that has been preserved.

In a recently published article, Access to Computer Hard Drive Images, Fordham analyzes two decisions where courts have denied production of the entire hard drive. (See, Peskoff v Faber, 2007 WL 2416119 (D.D.C.) and Calyon v Mizuho Securities USA, Inc., Slip Copy, 2007 WL 1468889 (S.D.N.Y.))."

Forensic Innovations Introduces File Object Extraction Technology

Forensic Innovations Introduces File Object Extraction Technology

"The Computer Forensics industry gains File Expander - important technology from Fishers-based Forensic Innovations, Inc. Using a single interface across all file formats, the new product introduces the ability to extract each object from a file. Until now, software developers had to license products from multiple companies to manipulate different file formats. Each company supplies its own application programming interface (API) that has to then be studied and added into the licensee's product - is very time-consuming process which requires business relationships with multiple vendors. The Forensic Innovations' solution provides a single API for all file formats. In one day, users can incorporate File Expander's API into a product and gain access to all of the file formats that are supported."

NetSecurity launches forensics facility

NetSecurity launches forensics facility

"NetSecurity is a digital forensics, security consulting and training company. With the launch of NetSecurity Forensic Labs, company officials are making an effort to address the growing presence of cybercrimes by offering a secure computer forensics investigation facility capable of electronic discovery, incident response and forensics training."

(Source: http://www.upi.com/International_Security/Industry/Briefing/
2008/01/08/netsecurity_launches_forensics_facility/9302/.)

Deloitte buys into litigation firm

Deloitte buys into litigation firm

"Deloitte Financial Advisory Services LLP (Deloitte FAS) has just purchased a stake in Barrasso Consulting LLC, a firm specialising in planning and executing litigation discovery programs. As part of the transaction, Barrasso will be fully integrated within Deloitte FAS' forensic and dispute services practice as a new service called ‘document review services’."

(Source: http://www.accountancyage.com/accountancyage/news/2207185/deloitte-buys-litigation-firm.)

Computer Forensics in the Age of Compliance

Computer Forensics in the Age of Compliance

"Digital forensics is the process of using the scientific method to examine digital media in order to establish facts for legal purposes, especially judicial review. It involves the systematic inspection of IT systems, especially data-storage devices, for evidence of a civil wrongdoing or criminal act."

(Source: http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9047900.)

New Tools in Computer Forensics

Forensics: New Options for the Enterprise

"The forensics software landscape has also gotten more inclusive, with enterprise-class investigative tools in the pipeline along with log-analysis software, network monitors, and systems that can aid in investigations and e-discovery involving e-mail. Many of these do double duty, making them easier sells come budget time."

"Antiforensics" Practices Can Complicate E-Discovery Investigations

"Antiforensics" Practices Can Complicate E-Discovery Investigations

With the rise of e-discovery, attorneys have necessarily become acquainted with the inner workings of computer systems. File system metadata is often crucial to proving critical points at trial, and computer forensics has shown itself to be an essential tool for discovering lost files and revealing hidden metadata.

But as the lawyers and investigators grow more sophisticated in their search for information, so do the people wishing to hide their misdeeds and confuse those on their trail.

The article continues here.

(Source: http://technology.findlaw.com/articles/00006/010866.html)

Computer Forensics: Basics & Strategies

You're in a heated legal battle with your former employee, suing him for misappropriation of trade secrets.  He said he did no such thing.  You beg to differ, and you know that his company-supplied laptop contains the evidence to prove your case.  How do you get to that evidence technologically speaking?  Computer forensics is the answer.  Basically, an expert would examine the laptop (or specifically its hard drive) to determine who did what when and how it was done.

Here are two articles that provide more information about computer forensics: one introduces the subject; the other suggests strategies for performing such investigation.

1.   "Making Forensics Elementary at Your Firm" (By Christy Burke of eDiscovery Law & Strategy)

2.   "A Computer Forensics Strategy to Sink Your Opponent's Legal Battleship" (By Aaron Philipp of eDiscovery Law & Strategy)

Court Denied Motion for Forensic Inspection of Hard Drives

Memry Corp. v. Kentucky Oil Tech., N.V., Case No. 04-03843 (N.D. Cal. Mar. 19, 2007) (Not for Citation)

Counterclaim-Defendant Schlumberger Technology Corporation ("STC") moved to compel Defendant/Counterclaim-Plaintiff Kentucky Oil Technology ("KOT") to produce an intellectual property evaluation conducted for one of KOT’s predecessors-in-interest and original documents, including computer hard drives.

Of interest is the latter request in which STC sought KOT's computers and storage media for forensic inspection by a third party consultant pursuant to a protocol to be determined by the parties or the court.  STC's bases for the request are KOT's "selective and incomplete document production" and failure to preserve hard drives.  The court denied STC's request for three reasons.