It is a fact of modern life that an enormous volume of information is created, exchanged, and stored electronically. (ESI) electronically stored information is commonplace in our personal lives and in the operation of businesses, public entities, and private organizations. It should come as no surprise that electronically stored information, such as e-mail and other materials -- including Microsoft Word documents, spreadsheets and accounting data -- stored on computers and shared servers has become a focal point of most litigation today. The rules of evidence discovery now require that computer hard drives, and other ESI be included as part of the discovery process.
All businesses, regardless of size, eventually encounter some sort of litigation, investigation or a business dispute. Many times records and data need to be examined to answer the questions of what happened, when, where and why. Digital forensics investigations are commonly used which require specialized and analytical techniques to identify, acquire, preserve and examine electronically stored information.
Businesses use digital forensics techniques during an investigation to ensure the integrity of the original media. Any changes to file date-time stamps, last computer log-in and log-out times, or worse yet, actual file data are avoided when sound forensic techniques are employed. An audit trail is also established, so if needed for legal purposes, procedures and results can be verified and validated.
Often digital forensic investigations are not large in scale. A business might want to see if an employee has been browsing inappropriate sites or had unauthorized files on their computer. Such instances might include small violations of a company policy, or they might be fraudulent actions that could cost the company millions of dollars in damages. Business-use cases can vary, but forensics techniques generally remain the same.
Rob Kleeger will be sponsoring and hosting a presentation to the New Jersey Chapter of the INBLF - The International Network of Boutique Law Firms.
The INBLF is a network of highly credentialed single-discipline boutique law firms, across the United States and Canada. The INBLF is not an organization a lawyer or law firm can join by paying a fee. The INBLF carefully reviews the qualifications each potential member and invites only those who represent the highest level of knowledge, experience, and reputation to join. Each member carries credentials comparable or superior to what can be found at the highest-ranking full-service firms, without the insulating layers of intermediate attorneys between the client and the lawyer, and without the concomitant exorbitant billing rates.