E-Discovery: An Introduction to Digital Evidence (with DVD)

Essential for anyone who works with technology in the field, E-DISCOVERY is a 'hands-on, how-to' training guide that provides readers with comprehensive coverage of the technology used in e-discovery in civil and criminal cases. From discovery identification to collection, processing, review, production, and trial presentation, this practical text covers everything the reader needs to know about e-discovery, including the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Evidence. Throughout the text, the reader will have the opportunity to work with e-discovery tools such as Discovery Attender, computer forensics tools such as AccessData's Forensics ToolKit, as well as popular processing and review platforms such as iConect, Concordance, and iPro. An interactive courtroom tutorial and use of Trial Director are included to complete the litigation cycle. Multiple tools are discussed for each phase, giving the reader a good selection of potential resources for each task. Finally , real-life examples are woven throughout the text, revealing little talked-about potential pitfalls, as well as best practice and cost management suggestions.

Table of Contents:
1. INTRODUCTION TO E-DISCOVERY AND DIGITAL EVIDENCE. An Overview of E-Discovery? What is Digital Evidence? Factors Affecting Evidence Acquisition. Federal Rules in U.S. Courts. Rules and Policies Governing Digital Evidence. 2. A BRIEF HISTORY OF E-DISCOVERY. When did E-Discovery Begin? Overview of Metadata in E-Discovery. E-Discovery Perspectives. How to Read a Case. Overview of the Electronic Discovery Reference Model. Introduction to the Case Study. 3. E-DISCOVERY PLANNING TOOLS. Selecting the E-discovery Scope. Factors in Planning Discovery. Using Digital Forensics Tools for E-Discovery. E-Discovery and Trial. 4. EXPERTS: THE RIGHT PERSON FOR THE RIGHT JOB. Managing E-discovery. Digital Forensics Consultants and Examiners. E-Discovery Consultants. Special masters and Forensics Mediators. Best Practices in Selecting an E-Discovery Team. 5. DIGITAL EVIDENCE CASE FLOW. Preserving Digital Evidence. Processing Digital Evidence. Identifying and Reviewing Relevant data. The Production Phase. Arbitration and Mediation. 6. CASE STUDY ' FROM BEGINNING TO TRIAL. Early Case Evaluation. Starting Litigation. Plaintiff's E-discovery Management. E-discovery Organization. Pretrial Motions. Trial Presentation. 7. INFORMATION GOVERNANCE AND LITIGATION PREPAREDNESS. Examining Information Governance. Systems to Assist with Litigation Preparedness. Planning for Multiple Litigation. Speeding Up Searches. 8. RESEARCHING E_DISCOVERY CASE LAW. Understanding the Legal Appeals Process. Using Legal Databases. Examining U.S. Case Law. International Law and Multijurisdictional Cases. 9. THE FUTURE OF E-DISCOVERY. Privacy Revisited. The Effects of New Technology. Anti-forensics in E-discovery. APPENDIX A: RESOURCES.

About the Author :
Amelia Phillips is a graduate of the Massachusetts Institute of Technology and has worked for more than 30 years in government, private industry, and academics. She has designed distance education classes and e-commerce, computer forensics, and network security programs at several community colleges. Amelia is Chair of the Pure and Applied Science Division at Highline Community College, a Fulbright Scholar, and a recent PhD in computer security. Christine Brown is a Certified Fraud Examiner and president of Essen Resources, Inc., an e-discovery consulting firm. She has over 10 years experience in complex civil and high profile criminal litigation, providing training in case management using computer forensics and automated litigation tools, as well as trial presentation software. She has also served as court-appointed discovery neutral in complex cases. In addition to her litigation experience, Christine has over 10 years experience in commercial lending as a Senior Credit Officer for a Fortune 50 company. Her experience included in-depth business and financial analysis, as well as collateral evaluations for large commercial real estate ventures throughout the United States. Christine is a board member of the Computer Technology Investigators Network (CTIN) and serves on the advisory boards of the University of Washington School of Law and UW Department of Computer Science & Engineering continuing education programs. Christopher Steuart is one of the founders and the staff attorney for IT Forensics.com. Previously, he was an information systems security specialist for a Fortune 50 company and the United States government. Chris resides in Seattle, Washington. Mr. Godfrey is a member and secretary of the Computer Technology Investigators Network and is an adjunct Computer Forensic Instructor at Highline Community College in Des Moines, WA. He holds a Computer Forensic Examiner / Data Recovery Certificate from Highline Community College, and has extensive training and numerous certificates in Microsoft Certified Systems Engineer networking, Department of Defense computer security, and vendor forensic and computer courses. Mr. Godfrey is also a Marine Corps veteran who served with the Military Police in Yuma, Arizona. He is employed by a Fortune 50 company as a computer forensic examiner. In his eleven years of computing forensics experience, Mr. Godfrey has supported numerous corporate investigations by conducting forensic examinations for organizations tasked with enforcing policies and laws. Cases include the successful forensic examination of a high profile laptop theft and the use of computer forensics for the first time in a Malaysia Industrial Court case. His work on a corporate e-discovery class action lawsuit filed in the Federal courts has been noted in national law journals. In addition, as an employee of a National Aeronautics and Space Administration (NASA) and U.S Government contractor, Mr. Godfrey was responsible for administering computer security procedures and ensuring compliance with government and company requirements for computing systems operating in heterogeneous environments. Mr. Godfrey was also recognized for his computing support of the STS-107 Challenger shuttle disaster.

Review :
1. INTRODUCTION TO E-DISCOVERY AND DIGITAL EVIDENCE. What is E-Discovery? What is Digital Evidence? Tools, Time and Cost of Acquiring Evidence. Federal Rules in US Courts. Rules and Policies Governing Digital Evidence. What to Expect in the Chapters Ahead. 2. THE HISTORY OF E-DISCOVERY. When did E-Discovery Begin? Metadata in E-Discovery. E-Discovery Perspectives. How to Read a Case. The Electronic Discovery Reference Model. Introduction to the Case Studies. 3. THE TOOLS USED. The Right Tool for the Right Job. Planning the E-Discovery Scope. Using Digital Forensics Tools for E-Discovery. Software E-Discovery Tools. E-Discovery and Trial. 4. EXPERTS: THE RIGHT PERSON FOR THE RIGHT JOB. Defining the Experts. Discovery Management in the Past. E-Discovery Management Today. Digital Forensics Consultants. E-Discovery Consultants. Outsourcing. Neutrals, Special Masters and Forensic Mediators. 5. DIGITAL EVIDENCE CASE FLOW. Preservation. Processing. Review. Production. Presentation. 6. CASE STUDY - FROM BEGINNING TO TRIAL. Complaint Filed. Receipt of E-Discovery. E-Discovery Organization. Fact Finding. Pre-trial Motions. Trial 7. INFORMATION MANAGEMENT: HOW TO BE READY. Today's Litigious World. Acts and Laws to be Aware Of. Being Ready for a Civil Case. What Happens if You are in a Criminal Case. Small to Medium Firms. Large Firms. Third Party Control. 8. RESOURCES FOR YOUR CASE AND SITUATION. Examining Civil Case Law. Examining Criminal Case Law. Examining International Case Law. Examining Multijurisdictional Issues and Cases. Advanced Training and Certifications for Your Experts. 9. THE FUTURE OF E-DISCOVERY. Where Do We Go From Here? Social Networking. Laws in the States of the United States. International Laws and the Global Impact. APPENDIX A: RESOURCES. APPENDIX B: FORMS AND CHECKLISTS.