The
use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of electronic discovery.
By having a specialist support team with the skills to deal with large
amounts of electronic evidence lawyers can maintain the integrity of the data and ensure that there are no nasty surprises.
Even if they do, there are new challenges on the horizon, including advances in technology such as the proliferation of smart phones, resulting in high
volumes of electronic evidence.
The increasing
relevance of electronic evidence for those of us who practice in litigation, arbitration, regulation and investigation has been clear for a number of years.
We offer a complete
range of electronic evidence capture and review tools that identify, preserve and collect relevant information and empower rapid analysis.
The chapter entitled «Types and
Sources of Electronic Evidence» is an important building block for criminal lawyers to fully grasp the modern world of crime.
The recently published
Admissibility of Electronic Evidence chart by Paul W. Grimm and Kevin F. Brady is a concise yet complete guide for helping legal and information professionals consider the legal admissibility of electronically stored information (ESI) as evidence.
Carrie receives a new
piece of electronic evidence from an undercover agent while staying glued to the surveillance footage of life in Brody's home, which reveals a man struggling with his traumatic memories and resisting pressure to become a media hero.
It was developed to share electronic evidence news, to report and reflect upon current computer forensics and electronic discovery developments and to offer a light - hearted view
of electronic evidence from the trenches.
Our unique methodology combines technology, law, and investigative experience to provide a holistic
view of electronic evidence that will withstand the scrutiny of the court, the government and opposing counsel or experts.
Over the course of a combined 18 years in these roles, Peter has undertaken analysis
of electronic evidence in hundreds of criminal and civil matters, presented expert evidence to state and federal courts, investigated and remediated internal and external data breaches for numerous organisations, managed complex electronic discovery environments, and provided advice to government, public and private organisations in relation to cybersecurity and IT governance related issues.
The intent of these amendments is to streamline
authentication of electronic evidence through pretrial certification processes intended to minimize the need for testimony by a foundation witness.
To this end, DOJ says it has
plenty of electronic evidence, between emails and phone calls, that publishers were conferring with each other on the issue.
The basic concept of e-disclosure has become familiar to many lawyers, but in the absence of the
deluge of electronic evidence promised to break over these shores a few years ago, many have yet to really consider its full implications.
The court held (wrongly, in my view) that the Alberta Evidence Act (which implements the Uniform Act) required compliance with the CGSB Standard, but the
proponent of the electronic evidence persuasively qualified its witness and the witness showed the court that her employer had complied, and the evidence was admitted.
The eDiscovery industry has been built by pioneers on the backs of unsuspecting early adopter clients and technologists who shared a common vision, the digitization of the legal world and the inevitable mainstream
adoption of electronic evidence management.
At Lex Projex ™ we're convinced that LPM is the fastest growing, new legal - related discipline to emerge in this decade — even likely surpassing the meteoric
rise of Electronic Evidence Discovery of Electronically Stored Information («EED - ESI») as a new and distinct, «stand alone» legal - related specialty area.
The chapter provides a useful review of the vast
array of electronic evidence that now pervades the criminal courts; digital images and videos, data bases, emails and internet derived evidence.
After the initial introduction to the
basics of electronic evidence Dan structures the rest of the book more or less along the lines of the evolution of a criminal investigation and prosecution.
For instance the first chapter deals with essential
aspects of electronic evidence that will allow lawyers to transition from the traditional use of hardcopy evidence to documents and evidence in the digital age.
With the
explosion of electronic evidence and all the new forms of data over the last several years, the expensive tools of eDiscovery have transformed ECA into more of a data management exercise.
«Electronic Data Discovery - How the Changes in the Federal Rules of Civil Procedure will Change the
Production of Electronic Evidence,» co-authored with Vjollca Prroni, December 2006
As a member of the Civil Rules Advisory Committee, he participated in the development of rule amendments directed at
discovery of electronic evidence and expert witnesses.
A relatively new breed of e-discovery lawyer has emerged as the sheer volume
of electronic evidence began to multiply in cases, resulting in a need for better management, according to Dera Nevin, managing counsel, e-discovery at TD Bank Group.
Indeed, it is now covered by Mason in his volume Electronic Disclosure: A Casebook for Civil and Criminal Practitioners, PP Publishing, 2015, published subsequent to the publication of the third
edition of Electronic Evidence.
The rationale for this decision is the desire of the authors both «to promote a better
understanding of electronic evidence» and «to facilitate the greater accessibility and availability of [their] combined scholarship».
The idea is to get their arms around the litigation data as early as possible so the team can map out the size, scope and
scale of the electronic evidence involved in a new matter.
«I fully expect the case to drive interest, demand and increasing acceptance of analytics to automate the review process when large amounts
of electronic evidence needs to be sifted through,» she told CMSWire.
Michael lectures and consults throughout North America and internationally on the impact of technology to the practice of law and the discovery and
admission of electronic evidence.
Both matters involve the alleged unlawful misappropriation and dissemination of the company's confidential and proprietary trade secrets and other information by former members of the company, unfair competition, breach of fiduciary duties, breach of contract and
spoliation of electronic evidence.
There are many seminars, webinars, conferences and much blogging on the importance of doing the planning, preservation and collection correctly, but seemingly far less on effective review, production and admissibility
of the electronic evidence so acquired.