Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Adding Evidence Items with FTK Imager – eDiscovery Best Practices
 Adding Evidence Items with FTK Imager – eDiscovery Best Practices 150 150 CloudNine

A couple of weeks ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager, which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Then, last week, we discussed how to create a disk image. This week, let’s discuss how to add evidence items with FTK Imager for the purpose of reviewing the contents of evidence items, such as physical drives or images that you’ve created.

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Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law
 Defendant Compelled by Court to Produce Metadata – eDiscovery Case Law 150 150 CloudNine

In AtHome Care, Inc. v. The Evangelical Lutheran Good Samaritan Society, Idaho District Judge B. Lynn Winmill granted the plaintiff’s motion to compel documents, ordering the defendant to identify and produce metadata for the documents in this case.

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Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trends
 Version 1 of the EDRM Enron Data Set NOW AVAILABLE – eDiscovery Trends 150 150 CloudNine

Last week, we reported from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by each of the project teams within EDRM. That included an update from the EDRM Data Set project, where an effort was underway to identify and remove personally-identifiable information (“PII”) data from the EDRM Data Set. Now, version 1 of the Data Set is completed and available for download.

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Plaintiff Granted Access to Defendant’s Database – eDiscovery Case Law
 Plaintiff Granted Access to Defendant’s Database – eDiscovery Case Law 150 150 CloudNine

In Advanced Tactical Ordnance Systems, LLC v. Real Action Paintball, Inc., Indiana Magistrate Judge Roger B. Cosbey took the unusual step of allowing the plaintiff direct access to a defendant company’s database under Federal Rule of Civil Procedure 34 because the plaintiff made a specific showing that the information in the database was highly relevant to the plaintiff’s claims, the benefit of producing it substantially outweighed the burden of producing it, and there was no prejudice to the defendant.

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How to Create an Image Using FTK Imager – eDiscovery Best Practices
 How to Create an Image Using FTK Imager – eDiscovery Best Practices 150 150 CloudNine

A few days ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK), which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Now, let’s discuss how to create a disk image.

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More Updates from the EDRM Annual Meeting – eDiscovery Trends
 More Updates from the EDRM Annual Meeting – eDiscovery Trends 150 150 CloudNine

Yesterday, we discussed some general observations from the Annual Meeting for the Electronic Discovery Reference Model (EDRM) group and discussed some significant efforts and accomplishments by the (suddenly heavily talked about) EDRM Data Set project. Here are some updates from other projects within EDRM.

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Reporting from the EDRM Annual Meeting and a Data Set Update – eDiscovery Trends
 Reporting from the EDRM Annual Meeting and a Data Set Update – eDiscovery Trends 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) Project was created in May 2005 by George Socha of Socha Consulting LLC and Tom Gelbmann of Gelbmann & Associates to address the lack of standards and guidelines in the electronic discovery market. Now, beginning its ninth year of operation with its annual meeting in St. Paul, MN, EDRM is accomplishing more than ever to address those needs. Here are some highlights from the meeting, and an update regarding the (suddenly heavily talked about) EDRM Data Set project.

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Skip the HASH When Deduping Outlook MSG Files – eDiscovery Best Practices
 Skip the HASH When Deduping Outlook MSG Files – eDiscovery Best Practices 150 150 CloudNine

As we discussed recently in this blog, Microsoft® Outlook emails can take many forms. One of those forms is the MSG file extension, which is used to represent a self-contained unit for an individual message “family” (email and its attachments). MSG files can exist on your computer in the same folders as Word, Excel and other data files. But, when it comes to deduping those MSG files, the approach to do so is typically different.

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When Lawyers Get Sued, They Have Preservation Obligations Too – eDiscovery Case Law
 When Lawyers Get Sued, They Have Preservation Obligations Too – eDiscovery Case Law 150 150 CloudNine

In Distefano v. Law Offices of Barbara H. Katsos, PC., New York Magistrate Judge A. Kathleen Tomlinson found that the defendant (an attorney who was being sued by the plaintiff she previously represented for breach of contract, negligence/legal malpractice, and breach of fiduciary duty/duty of care) had a duty to preserve information from a discarded computer and ordered a hearing for the defendant to address a number of questions to determine the potential relevance of the destroyed data and whether the defendant had a sufficiently culpable state of mind.

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Image is Everything, But it Doesn’t Have to Cost Anything – eDiscovery Best Practices
 Image is Everything, But it Doesn’t Have to Cost Anything – eDiscovery Best Practices 150 150 CloudNine

Let’s recap. So far, in our discussion of free utilities for collection of data for eDiscovery, we’ve discussed the pitfalls of using drag and drop, the benefits of Robocopy (illustrating with the same example copy) and the benefits (and pitfalls) of Richcopy for targeted collection. But, are there any free tools that will enable you to perform a bit-by-bit forensic image copy that includes deleted files and slack space data? Yes, there is.

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