E-Discovery: An Introduction to Digital Evidence (with DVD), 1st Edition

Amelia Phillips, Ronald Godfrey, Christopher Steuart, Christine Brown

Copyright 2014
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E-Discovery: An Introduction to Digital Evidence (with DVD) 1st Edition by Amelia Phillips/Ronald Godfrey/Christopher Steuart/Christine Brown

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Overview
Meet the Authors
Features
Table of Contents
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Overview

Essential for anyone who works with technology in the field, E-DISCOVERY is a "hands-on, how-to" training guide that provides students 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 your students need 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, students 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 your students 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.

Meet the Authors

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Amelia Phillips

Amelia Phillips is a tenured faculty member at Highline College in Seattle, Washington. After serving as an engineer at the Jet Propulsion Laboratory, she worked with e-commerce websites and began training in computer forensics to prevent credit card numbers from being stolen from sensitive e-commerce databases. Dr. Phillips designed certificate and AAS programs for community colleges in e-commerce, network security, computer forensics and data recovery. She designed the Bachelor of Applied Science in Cybersecurity and Forensics, which was approved in 2014. A Fulbright Scholar, Dr. Phillips taught at Polytechnic of Namibia in 2005 and 2006 and continues her work with developing nations, traveling there frequently. She earned BS degrees in astronautical engineering and archaeology and an MBA in technology management from the Massachusetts Institute of Technology, and an interdisciplinary Ph.D. in computer security from the University of Alaska, Fairbanks.

Ronald Godfrey

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.

Christopher Steuart

Christopher K. Steuart is a practicing attorney maintaining a general litigation practice, with experience in information systems security for a Fortune 50 company and the U.S. Army. He is also an honorary life member and the former general counsel for Computer Technology Investigators Northwest. He has presented computer forensics seminars in regional and national forums, including the American Society for Industrial Security, Agora, Northwest Computer Technology Crime Analysis Seminar and CTIN.

Christine Brown

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.

Features

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Hands on exercises, with step by step instructions on how to use popular computer forensics and litigation software are included in each chapter.
Walks students through the the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, along with the Federal Rules of Evidence and their impact on e-discovery.
Real-life tips and suggestions from technologists in the field are included in each chapter to demonstrate the real world application of the material.
Students can demo actual software used in the full litigation lifecycle, from discovery identification and collection to trial presentation.
Sample documents are provided for preservation hold, interrogatories, request for production, and more, in order to provide students with useful reference material.

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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.