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Cybercrime continues to cast a large shadow across the legal community, especially when it comes to ransomware. Within a single 24-hour period alone, three law firms were targets of such cybercriminal exploits, resulting in stolen data and the potential for sensitive information to be posted in public forums.

Discovery entails a fair amount of detective work for lawyers, as they comb through files and records searching for information that will support their case and provide evidentiary value. There are times, however, when professional investigators need to be brought in to dig deeper into available data and conduct more thorough analyses. Digital forensics, also known as cyber forensics, is a crucial field that deals with the investigation and analysis of digital evidence to uncover and prevent cybercrimes. The need for digital forensics has become increasingly important in both criminal and civil cases. This article explores the key concepts, challenges, and tools used in digital forensics, as well as the different branches it encompasses.

Email is one of the most commonly collected forms of electronically stored information in legal matters. When a person or company is subpoenaed, the requesting party will most likely ask for all or a subset of the email box of each potentially relevant custodian. The search, interview, and legal hold process may be time-consuming, but just know that a good amount of the relevant data you are looking for more often than not is in email format. Both the producing party and the custodians themselves can use export functionality within their email application of choice to collect and deliver the email files in question. This pre-existing functionality should make it easier for lawyers to instruct custodians on proper preservation and collection practices.

Experienced lawyers know that some of the most valuable casework happens before they step into a courtroom or meet with opposing counsel. Not even the most knowledgeable and well-versed attorneys can be expected to remember every precedent, judicial ruling, and local doctrine that might make an impact on a case. It takes an enormous amount of work to find out where a particular case fits into the broader legal framework and what arguments will carry the most weight with a judge or jury. Legal research is a vital part of any lawsuit or legal matter, giving both parties the information they need to support their cases and make a compelling argument.

Litigation is a term often heard when speaking with legal professionals or even while watching some movies or TV shows. The word “litigation” is usually confused with the similar term “lawsuit.” They are both related but are not to be used interchangeably.

Redaction is never having to say you are sorry – for the inadvertent disclosure of sensitive or privileged data. With heightened concern regarding Personally Identifiable Information or PII, and the ever-present unease about inadvertent disclosure of confidential information and loss of privilege, an easy to use, reliable redaction tool is a “must have” item when working with Electronically Stored Information.

Legal Technology Definition Legal technology is a broad term which describes a wide range of software and services which support law firms and legal teams. This could include practice management software, billing/time tracking software, ediscovery software, document management software, or even physical hardware such as a scanner.

Attorneys have many tools at their disposal during the discovery process, but one that often goes criminally overlooked is the FOIA request. Although it is not applicable to all cases and lawsuits, a FOIA request can be incredibly helpful when legal teams believe government agencies possess information or documents that could support their cases.

Whether you are in the process of switching vendors or simply deciding how to best cooperate with the opposing party on asking for a production format that works in your system, there are several things to keep in mind.

What is the EDRM The EDRM (Electronic Discovery Reference Model) is an eDiscovery workflow and framework that the legal and IT fields accept as broad outline for the steps to consider throughout the eDiscovery lifecycle in the United States. The EDRM model has been around since 2005, and has stood the test of time.

TechnoLawyer Exclusive Interview With Digital WarRoom Co-Founders Dan & Bill Gallivan: "Making eDiscovery Accessible, Safe and Profitable for Law Firms of All Sizes" Download the White Paper here.

General Challenges With Social Media ESI Social media is a crucial form of ESI. The average American spends 5.4 hours/day on their smartphone which is heavily influenced by social media usage. There is reasonable potential for responsive data and ESI to exist within social media. The question is – What are you looking for? This may influence the next question. Which platforms should you ask about or check? While the data potential within social media may seem so incredibly high, new research may also have us pumping the breaks.

Litigators and eDiscovery consultants alike have debated for years the best methods to create litigation budgets. Assuming that most cases settle, eDiscovery can account for a significant portion of the costs, so that is often the best place to start. eDiscovery fees can vary significantly between vendors, and you will need to consider the possibility of flat fees, per-gb hosting fees, per-gb processing fees, user fees, service fees, and more.

A recent Federal Court decision is making a big statement about big e-Discovery. In May of 2019 the case Abbott Laboratories et al. v. Adelphia Supply USA (E.D.N.Y), United States Magistrate Judge Lois Bloom pointed to the production of information in one large PDF as a factor in her decision to recommend sanctions be granted and a default judgment be entered against the producing party.

A week ago at this time, I thought I would spend today flying to Gainesville Florida to speak at the 8th Annual University of Florida Levin College of Law E-Discovery Conference. But on Wed March 11th, the Florida University system ordered all of their schools to shut down and by Friday the 13th Professor Bill Hamilton, University of Florida Levin College of Law Skills Professor and Executive Director of the International Center for Automated Information Retrieval at the law school, who leads the conference, was forced to send the following email to all the faculty: