Preserving Electronic Evidence for Trial

A Team Approach to the Litigation Hold, Data Collection, and Evidence Preservation

Ernesto F. Rojas, Ann D. Zeigler

• Publisher: Syngress
• Year: 2016
• Print ISBN: 9780128093351
• eBook ISBN: 9780128093665
• Topic: Computer Science
• Subtopic: Business Intelligence
• Index: Computer Science

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 practical hands-on guide to the best practices in preserving electronic evidence.Corporate management personnel (legal & IT) and outside counsel need reliable processes for the litigation hold – identifying, locating, and preserving electronic evidence. Preserving Electronic Evidence for Trial provides the road map, showing you how to organize the digital evidence team before the crisis, not in the middle of litigation. This practice handbook by an internationally known digital forensics expert and an experienced litigator focuses on what corporate and litigation counsel as well as IT managers and forensic consultants need to know to communicate effectively about electronic evidence.You will find tips on how all your team members can get up to speed on each other's areas of specialization before a crisis arises. The result is a plan to effectively identify and pre-train the critical electronic-evidence team members. You will be ready to lead the team to success when a triggering event indicates that litigation is likely, by knowing what to ask in coordinating effectively with litigation counsel and forensic consultants throughout the litigation progress. Your team can also be ready for action in various business strategies, such as merger evaluation and non-litigation conflict resolution.- Destroy your electronic evidence, destroy your own case—learn how to avoid falling off this cliff- Learn how to organize the digital evidence team before the crisis, not in the middle of litigation- Learn effective communication among forensics consultants, litigators and corporate counsel and management for pre-litigation process planning- Learn the critical forensics steps your corporate client must take in preserving electronic evidence when they suspect litigation is coming, and why cheerful neglect is not an option

Table of contents

• Cover
• Title page
• Table of Contents
• Copyright
• Dedication
• Author Biographies
• Introduction
• Chapter 1: Your Critical Task: Learn Another Language
• Chapter 2: Preserving, Not Corrupting—Hold It!
• Chapter 3: Incident Response While Avoiding Evidence Disaster: The Team
• Chapter 4: Understanding Information Systems
• Chapter 5: In Addition to the System—Other Devices
• Chapter 6: Collecting Data
• Chapter 7: Teamwork Prep for Data Management
• Chapter 8: Data Policies and Procedures—Get the Details
• Chapter 9: The Cloud and Other Complexities
• Chapter 10: Putting it All Together: When the First Alarm Sounds, Hold It!
• Chapter 11: The Rule 26 Meet-and-Confer—Your Best Chance to Control the ESI Exchange
• Chapter 12: A Glance at International Issues— Never Assume!
• Conclusion
• Resource Appendix
• Subject Index