On May 2, 2017, Executive Managing Partner Daniel Garrie published the fourth article in his column “The Neutral Corner” on Thomson Reuters’ Legal Executive Institute blog. The article is titled “The Neutral Corner: Using Forensic Neutrals in Trade Secret Disputes”. The dirty secret of trade secret disputes is that even if you win, it can be
Read MoreThis second blog posting examines the impact when law firms and companies have a BYOD policy, but fail to educate employees on how to protect mobile devices. It also examines the consequences of when mobile malware infects a personal mobile device and then jumps to the employers internal systems. On average, most employees, whatever their field, are
Read MoreTo begin, the reviewer should focus on the manner in which the evidence was acquired. The report should establish if the original evidence was acquired by a duplicate bit-by-bit image of a hard drive or by live acquisition. While the manner of acquisition is dictated by the circumstances, a bit-by-bit acquisition is generally more reliable
Read MoreA digital forensics expert can be used in a variety of ways: as an expert witness, for litigation support, to conduct Non-Invasive Data Acquisition (NIDA), to proactively investigate potential disputes prior to litigation, or to recover data negligently or intentionally destroyed. Over the last several years commercial hardware and software vendors who specialize in digital
Read MoreThe Daubert decision resulted in a set of standards used by judges to determine whether scientific evidence is admissible in federal court. It applies to any scientific procedure used to prepare or uncover evidence and comprises the following factors: Testing: Can and has the scientific procedure been independently tested? Peer Review: Has the scientific procedure
Read MoreWith the widespread permeation of advanced technology into our daily lives, it is inevitable that the products of those technologies, i.e., digital information, will make their way into the courtroom. This has largely occurred in the form of electronic discovery, or e-discovery, where each party involved in the case provides the relevant information they possess.
Read MoreRedefining the discovery terrain: The need for Mediation in E-Discovery by Daniel B. Garrie, the Senior Managing Partner at Law & Forensics LLC. He focuses on e-discovery, digital forensics, cyber security and warfare, data privacy, and predictive coding, and works with law firms, governments, companies, and non-profits around the globe See Part 1 for an introduction on the place of mediation in e-discovery disputes, and
Read MoreAttacking the Weakest Link Law Firm Data (In) Security by Daniel B. Garrie the Senior Managing Partner at Law & Forensics LLC. He focuses on e-discovery, digital forensics, cyber security and warfare, data privacy, and predictive coding working with law firms, governments, companies, and non-profits globally. Law firm culture has long focused on the ability of its attorneys to bring a high level of thought and
Read MoreE-Discovery on Smart Phones and Tablets – (Part 4 of 4) This if the final post in the four part series, E-Discovery on Smart Phones and Tablets, that examines the application of electronic discovery laws to smart phones and tablets and how the relationship between the two raises a litany of unique issues regarding privacy,
Read MoreE-Discovery on Smart Phones and Tablets — (Part 3 of 4) This is the third post in a four part series examines the application of electronic discovery laws to smart phones and tablets and how smart phones and tablets raise a litany of unique issues regarding privacy, data retention, and production. The Federal Rules Are Amended
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