Techshow Day 2 -Electronic Discovery Jeopardy

Craig Ball must have spent weeks prepping this presentation, but he’s doing a great job getting people to consider various EDD issues through playing Jeopardy. Talking about the Columbia Pictures-RAM case now, good example of the analysis we talked about in the last session. It was very relevant so it was required, most cases wouldn’t have that much relevant. Same thing sort of goes for IM, text messages, voice mail, etc. It can be logged, may be available and may be at issue and need to be produced in cases where that’s where the relevant data is located.

Meet and Confer, one of the most important skills for attorneys now, both in being able to explain the situation to the judge and being well-prepared beforehand.

Clawback: “sounds like a rebate at Long John Silver’s”.

When you copy a file, the created date is changed on the copy, burning to CD only brings over the last modified date.

Judge Facciola in the O’Keefe opinion; leaving keyword searches to inexpert lawyers is to go “where angels feared to tread”. In that case he asked the forensic expert who had already been retained for input instead.

9/3/98 at Rambus Shred Day! (An EDD Groupie bit of knowledge, I haven’t been doing this long enough, need to look that up..*L*)

Deleting files and formatting a Windows HD hides less that 1/10th of 1 percent of data from competent forensic examiners. One of the contestants answered none, they wouldn’t give it to him. “Almost none is not none”. Point made though…

2 of the three contestants were negative numbers after double jeopardy, the one who wasn’t had $100. Too funny.

By the way, I got a demo of Discovery Cracker earlier. Initial thoughts, it’s much more powerful and can give us some really nice tools to do a bit more in house processing. It’s unclear if we need to spend the money on it yet, especially in light of the state rules of Ohio changing this Summer. We’re not able to make any decisions on what we need now, we’ll need to see what kind of impact that has, but it’s definitely a tool to keep in mind. One thing I really liked was the powerful search functions, that would allows us to export less stuff into Summation to be reviewed. That’s a cost savings right there!

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