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Full-Text Articles in Law
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 …
Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux
Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux
University of New Orleans Theses and Dissertations
Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those …