Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences
In the world of e-discovery, data collection from devices plays a pivotal role in legal matters. However, the technique used for data collection is influenced by numerous factors, including the type of case, the jurisdiction and the adversarial or collaborative nature of the parties involved. Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.
Understanding e-Discovery Data Collection
Electronic discovery refers to the process of identifying, preserving, collecting, reviewing and producing electronically stored information in legal proceedings. It plays a crucial role in legal matters like cybersecurity litigation and regulatory investigations. When collecting data for e-discovery, attorneys must consider several key factors. First, preserving the integrity of the data is vital to ensure its authenticity and admissibility as evidence. Additionally, data must be collected from various sources and formats, including emails, documents, databases and social media platforms. Metadata, which provides crucial information about the data's creation, modification and storage, and maintaining a proper chain of custody are also essential considerations. To achieve these goals, attorneys rely on techniques such as data sampling, keyword searching, remote collection and cloud-based solutions. Furthermore, data culling and filtering techniques help refine the collected data to focus on the most relevant information.
This is why a standard e-discovery data collection commonly refers to a more informal (but well-documented) process of gathering and preserving ESI in a legally defensible manner. It involves identifying and extracting your potentially relevant data from various sources while ensuring data integrity and maintaining a documented chain of custody. This e-discovery data collection method is typically executed by either internal IT staff familiar with the process of exporting from the various data sources or specialized e-discovery service providers. These professionals must have the technical expertise and knowledge to effectively perform data collection tasks. Attorneys often work closely with these individuals to develop a data collection strategy and provide guidance throughout the process, maintaining compliance with legal requirements and maximizing the relevance and admissibility of the collected data, as standards will vary when using this option.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?