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Computer Forensics
When All Agree to Delete, by
Craig Ball.
Before you include data obliteration as a condition of settlement, be certain you've considered all the steps needed to effectuate reliable eradication, as well as the total cost and potential disruption.
Federal.
2 pages. Written:
2008. Added:
8-26-2008.
Law.com
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Computer Forensics
Taxonomy of Anti-Computer Forensics Threats, by
Joseph C. Sremack & Alexandre V. Antonov.
Anti-forensics is a growing issue with potentially catastrophic consequences for investigators. If anti-forensics succeeds, evidence is subject to a Daubert challenge. Exploiting case law itself can be an anti-forensics technique.
Non-Specific.
17 pages. Written:
2007. Added:
3-08-2008.
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Computer Forensics
Creating and Accessing Forensic Images, by
Brett Shavers.
How to Access Multiple Image Types Using
Various Forensic Techniques.
select-JD.
65 pages. Written:
2008. Added:
2-01-2008.
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Computer Forensics
Liability of EDD and Computer Forensics Consultants: Separation of Duties, by
Sean Harrington.
Discusses separation of duties, ethical considerations, assumption of risk, due diligence and potential liability for attorneys and the computer forensics experts they retain for case work.
Non-Specific.
1 pages. Written:
2007. Added:
1-18-2008.
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e-Discovery
Examining Hard Drives During Discovery, by
Richard Raysman and Peter Brown.
The right to examine the contents of an opponent's computer hard drive and utilize computer forensics has been categorized as unusual relief, yet can be valuable in the discovery process. Imaging may be permitted when the adversary's document production has been inadequate and that a drive examination could uncover omitted, relevant materials.
Federal.
3 pages. Written:
2007. Added:
11-13-2007.
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e-Discovery
Electronic Discovery and Computer Forensics Caselaw, by
Kroll Ontrack.
Comprehensive survey of case law includes topics on discoverability, procedure, production of data, costs, preservation & spoliation, sanctions, work product doctrine & privilege, expert witnesses, computer forensic protocols and evidence admissibility.
Non-Specific.
145 pages. Written:
2007. Added:
10-07-2007.
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Computer Forensics
Smoke and Mirrors: The Fabrication and Alteration of Electronic Evidence, by
Sharon D. Nelson, Esq. & John W. Simek.
Digital alteration is appearing more and more often in the courts. The good news is that we have gotten better and better at detecting the alteration of electronic evidence. The bad news is that there is a cadre of unprincipled criminals who are doggone good at evidence alteration.
Non-Specific.
6 pages. Written:
2007. Added:
9-02-2007.
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Computer Forensics
Computer forensics as part of a security, by
Raemarie Schmidt, Digital Intelligence, Inc..
Discusses areas to examine for information, how computer forensics can be useful in a corporation, creating an in-house capability and incident response considerations.
Non-Specific.
25 pages. Written:
2005. Added:
8-24-2007.
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Computer Forensics
Ten Ways to Compromise a Computer Forensics Investigation, by
Jeremy Wunsch & Rob Lelewski.
You don't need to be a forensics expert witness to understand the basics, which include not understanding the process, not making forensic images, booting a computer, not maintaining a chain of custody and copting files in a non-forensics manner. Good tips for the litigation support professional.
Non-Specific.
3 pages. Written:
2007. Added:
8-19-2007.
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Computer Forensics
Computer Forensics, by
Erin Kenneally.
The fundamental principles of computer forensics are the same as that of traditional forensic disciplines. All start with intense variability among a large number of attributes and advances are aimed at enhancing the identifying, characterizing and correlative properties of the evidence source.
Non-Specific.
5 pages. Written:
2005. Added:
8-11-2007.
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Computer Forensics
Legal methods of using computer forensics techniques. For computer crime analysis and, by
Daphyne Saunders, Karen A. Forcht.
The paper will focus on the role of computer forensics & methods used in investigation of computer crimes. The paper explains need for proper investigation and illustrates process of locating, handling, & processing computer evidence. A detailed explanation of how to effectively manage a forensics investigation & present evidence will be covered.
Non-Specific.
7 pages. Written:
2005. Added:
7-13-2007.
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Computer Forensics
Computer Forensics: Bringing the Evidence to Court, by
Cornell Walker.
This paper takes a brief look at a new science that has developed as a result of the way we now store and maintain that
data; “computer forensics,” and how this new science has impacted court decision and rulings regarding computer records.
The areas of concern are: cleanliness of the evidence and how does the court define “computer records.”
Non-Specific.
6 pages. Written:
2005. Added:
7-13-2007.
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Computer Forensics
Deploy Computer Forensics Early to Find the Smoking Gun, by
Scott Stevens.
Consider the following scenario: a company
has been tipped off that some recently departed employees may have left with more than they were entitled to – namely, proprietary information that might amount to a
theft of trade secrets.
Non-Specific.
3 pages. Written:
2005. Added:
7-13-2007.
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e-Discovery
The Paralegal’s Essential Guide to Electronic Discovery and Computer Forensics, by
Ross L. Kodner.
Overview of Electronic Discovery
• Difference between Traditional Discovery
and e-Discovery
• Same basic legal rules and concepts
• What are we looking for – anything that is
reasonably calculated to lead to
• Relevant evidence at trial
• Electronic information is content +
• Traditional information is simply content
Non-Specific.
47 pages. Written:
2005. Added:
7-13-2007.
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e-Discovery
Computer Forensics and Electronic Discovery, by
Dr. Bruce V. Hartley.
The American Bar Association Digital Evidence Project and National Law Journal Report:
– Over 30 Billion emails are sent daily
– Over 90% of ALL information is now electronic
– 70% of electronic information has never been printed
– One in five US companies’ employees email has been subpoenaed
Non-Specific.
41 pages. Written:
2006. Added:
7-13-2007.
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e-Discovery
Capture Data for Compliance and to Avoid Sanctions, by
Jason Velasco And Jake Frazier.
The day is here when the claim of
“technical difficulties” is viewed in the
same light as the classic “dog ate my
homework” excuse. The courts now
expect companies to have sufficient
processes in place to make computer forensics captures and ensure compliance
with regulatory requirements and court
orders, or face potentially stiff sanctions.
Non-Specific.
3 pages. Written:
2006. Added:
7-13-2007.
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e-Discovery
Do-It-Yourself Digital Discovery, by
Craig Ball.
Most evidence today is electronic, so curtailing discovery of electronic evidence isn’t an option, and trying to stick with paper is a dead end. We’ve got to deal with electronic evidence in small cases where outside computer forensics analysis may not be justified. Sometimes, that means doing it yourself.
Non-Specific.
2 pages. Written:
2007. Added:
6-26-2007.
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e-Discovery
Getting to the Drive, by
Craig Ball.
“Getting to the drive” means securing duplicates of relevant computer disk drives used by the other side and having them examined by a qualified expert, using proper computer forensics techniques. Though often lumped together, it’s important to consider these tasks independently because each implicates different concerns.
Non-Specific.
3 pages. Written:
2007. Added:
6-26-2007.
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e-Discovery
Vista Changes the View for EDD, by
Craig Ball.
What does this inexorable Vista and Office creep mean for electronic discovery and the nerdy little corner of EDD called computer forensics? Only time will tell, but dramatic changes are in store.
Non-Specific.
3 pages. Written:
2007. Added:
6-26-2007.
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e-Discovery
The Perfect Preservation Letter, by
Craig Ball.
Looks at what is usually the requesting party’s first foray into EDD: the litigation hold letter demanding preservation of electronic evidence. A well-drafted preservation letter serves as the e-Discovery blueprint, and the considerations that go into drafting the “perfect” preservation letter reveal much about the power and perils of EDD and computer forensics.
Non-Specific.
13 pages. Written:
2007. Added:
6-25-2007.
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e-Discovery
The Plaintiff’s Practical Guide to E-Discovery, Part I, by
Craig Ball.
Addresses challenges unique to EDD, elements of a successful e-Discovery effort and steps to compel preservation of digital evidence with computer forensics and other approaches.
Non-Specific.
4 pages. Written:
2007. Added:
6-25-2007.
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e-Discovery
The Plaintiff’s Practical Guide to E-Discovery, Part II, by
Craig Ball.
Look at the pros and cons of production formats and explore common e-mail systems, concluding with tips for getting the most out of your e-Discovery and computer forensics efforts and budget.
Non-Specific.
11 pages. Written:
2007. Added:
6-25-2007.
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e-Discovery
In Prase of Hash, by
Craig Ball.
Article discusses hash algorithms, MD5 and SHA-1, in computer forensics. Using hash algorithms, any amount of data—from a tiny file to the contents of entire hard drives and beyond—can be uniquely expressed as an alphanumeric sequence of fixed length.
Non-Specific.
2 pages. Written:
2007. Added:
6-25-2007.
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e-Discovery
Electronic Discovery and the New Federal Rules: What You Need to Know Now, by
Browning E. Marean.
Discusses new federal discovery rules, electronic evidence, Zubulake, Morgan Stanley, Phillip Morris, lawyer liability and duties, litigation holds, e-Discovery plans, computer forensics, witness interviews, FRCP 26, 34
Federal.
40 pages. Written:
2006. Added:
5-08-2007.
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e-Discovery
Look Who's Talking, by
Mary Mack.
Voice mail evidence is the next big challenge in the e-Discovery and computer forensics world. Article discusses what you should know to prepare.
Non-Specific.
4 pages. Written:
2006. Added:
4-21-2007.
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e-Discovery
Authenticate Electronic Evidence: From Collection to Production, by
David Chaumette & Brad Harris.
Article discusses how to set up a long-term e-Discovery and computer forensics process for handling evidence in place and being prepared for litigation.
Non-Specific.
3 pages. Written:
2006. Added:
4-21-2007.
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Litigation Support
e-Docs and Forensics in the “New” e-Discovery Era, by
McDonnell Boehnen Hulbert & Berghoff LLP.
Discussion of practical implications regarding e-documents and computer forensics of new e-Discovery rules, including listing of states enacting specific rules and why it should be called a "terror-byte"
Non-Specific.
66 pages. Written:
2007. Added:
4-04-2007.
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e-Discovery
Do-It-Yourself Electronic Discovery Tools, by
George Socha.
Article and listing of software tools for the litigation support do-it-yourselfer . The tools range from ones intended only for use by properly trained computer forensics expert witnesses to ones any of us can load on our machines and begin working with after only minimal instruction.
Non-Specific.
3 pages. Written:
2003. Added:
3-21-2007.
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e-Discovery
Gaining Access to your Opponent’s Digital Media, by
Craig Ball.
Nearly all business documents are born digitally, and from sprawling servers to Lilliputian laptops, digital evidence “lives” on hard disk drives. Securing access to those drives for computer forensics examination paves the way to smoking gun evidence and strategic advantage.
Non-Specific.
6 pages. Written:
2005. Added:
3-19-2007.
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Evidence
Cross-examination of the Computer Forensics Expert, by
Craig Ball.
Today, some 95% of all documents are created using computers. Daily electronic mail traffic far outstrips postal mail & telephone usage combined. The goal of this paper is to improve the caliber and candor of those who testify as computer forensics expert witnesses and to help lawyers get to the truth, not obscure it.
Non-Specific.
6 pages. Written:
2005. Added:
3-19-2007.
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e-Discovery
Six Articles on Computer Forensics for Lawyers, by
Craig Ball.
These six articles introduce tech-challenged litigators to computer forensics and offer a host of practical strategies geared to helping you win your cases with the power of computer forensics, expert wiitnesses and electronic discovery. Nearly all documentary evidence is created digitally, and only about a third or less gets printed out.
Non-Specific.
106 pages. Written:
2005. Added:
3-19-2007.
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e-Discovery
Discovery of Electronic Mail: The Path to Production, by
Craig Ball.
This article outlines issues & tasks faced in production of electronic mail certainly most common & perhaps trickiest undertaking in electronic discovery. It’s a guide to aid attorneys meeting with opposing counsel, working with e-Discovery service providers, doing computer forensics and drafting production requests and explaining the cost to clients and the court.
Non-Specific.
9 pages. Written:
2005. Added:
3-19-2007.
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Civil Trial Practice
Adding a Forensics Accountant to Your Team, by
Kevin Flaherty.
Use of computer forensics expert witnesses in accounting cases to determine GAAP standards.
Non-Specific.
5 pages. Written:
2005. Added:
3-08-2007.
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