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Preserving electronic evidence for trial : a team approach to the litigation hold, data collection, and evidence preservation /
The ability to preserve electronic evidence is critical to presenting a solid case for civil litigation, as well as in criminal and regulatory investigations. Preserving Electronic Evidence for Trial provides everyone connected with digital forensics investigation and litigation with a clear and pra...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge, MA :
Syngress,
�2016.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Title Page; Copyright Page; Dedication; Contents; Author Biographies; Introduction; Chapter 1
- Your Critical Task: Learn Another Language; A Computer forensics expert looks at legalese; The Civil Lawsuit-A Pretrial Tour, with Vocabulary; The Litigation Process, Word by Word; The real first step-the triggering event; ESI in the Rules, or How to Aggravate the Judge; Keeping it in Proportion, Round 1: Training; Keeping it in Proportion, Round 2: the Price of Compliance, or Not; Chapter 2
- Preserving, Not Corrupting-Hold It!; How far does preservation stretch? information versus evidence.
- The Hold Notice-A Brief IntroductionA historical footnote; In the Present, Spoliation Versus Integrity of Evidence; Bad Acts: Examples from Reported Cases; Destruction by Omission; Destruction by Commission; Experts (Or Not); In-house IT Employees; Outside IT "Consultants"; Outside IT Litigation Consultants; The Other Route-Destruction with Permission; Curative Action and Sanctions; The General Theory-Courts Must Maintain Their Integrity; The Balancing Act; The Hammer Falls; The Cell Door Slams, Occasionally; Each Attorney's Independent Preservation Duty.
- The Key to the Hold Notice: Name the Key Players AsapMore Thoughts About "Keys" to an Effective Hold-The Wider View; Zubulake, Pension Committee, Rimkus and More; Zubulake (I-V); The 2006 Rules Amendments on ESI; Pension Committee; Meanwhile, in Texas: Rimkus; Chin v. Port Authority-A Clarification; The Rules-Contemplating Amendment, Again; And, back in the courtroom-Sekisui American; The Rules Amendment Process, Again-Looking Forward From Dec., 2015; Chapter 3
- Incident Response While Avoiding Evidence Disaster: The Team; The Team: Functional and Procedural Issues.
- Securing ESI Repositories: A Brief Consideration of the Dark (Criminal) SideWhen to Act in Criminal Incidents: When There is Suspicion of Misconduct; Internal Misconduct by an Individual or Group (Whether Criminal or Not); Other Criminal Misconduct, Fraud, etc., by an Individual or Group; When Something is Wrong and the Origin is Unknown: Log Access is Critical; When Immediate Action is Needed; When Criminal or Civil Litigation is Likely: Expanding the Team as Needed; When Litigation is in Progress; Who Needs to Act: Whoever Handles the Problem is on the Team; Information Technology Personnel.
- Human Resources PersonnelFinancial Personnel; Other Management Personnel; The Lawyers; In-House Counsel Team-Lawyers Plus Paralegals; Litigation Counsel Team-Lawyers Plus Paralegals; The Digital Forensic Expert or Consultant; Other Expert Consultants and Expert Witnesses; Preparing the Team; Planning-Prepare the Team for Various Situations Before Anything Happens; Identifying Key Team Positions for Various Situations; Training Individuals for Team Positions (Including Their Support Staff); Pre-Crisis Forensic and Litigation Training-The Heart of a Successful Team.