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Full-Text Articles in Computer Engineering
Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma
Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma
Journal of Digital Forensics, Security and Law
Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …
Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky
Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky
Journal of Digital Forensics, Security and Law
An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …
Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma
Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma
Journal of Digital Forensics, Security and Law
The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. …