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Blog Archives

Making Smart Decisions in the Early Stages of E-Discovery

In cases where digitally stored information offers definitive evidence, such as corporate fraud or intellectual property theft, the role of e-discovery is crucial. E-discovery is essentially the digital version of paper discovery, and involves the retrieval and review of electronically stored information (ESI). It is a complex and, at times, mundane task, requiring careful planning, data acquisition, review and analysis, secure storage to prevent spoliation, reliable data hosting and the production of documents that can be used in court. Typically, …

Computer Forensics and Social Media – Another Successful CLE

Capsicum’s Sandy Goldstein and Hillary Hames conducted a CLE in Fort Lauderdale on April 1, 2015 entitled “Computer Forensics and Social Media”. The session was presented to a team of insurance defense attorneys and addressed data security, electronic discovery utilizing social media platforms, what types of private information can be found on the Internet and other public places as well as an introduction to computer forensic methods. This topic is one in a series of CLEs that Capsicum offers on …

The BYOD Trend: What It Means For Corporate Internal Investigations

BYOD, or Bring Your Own Device, policies are growing in popularity within corporations. A recently released report from Gartner, a leading information technology research and advisory company, predicts that 38% of US employers will stop providing devices to workers by 2016. That number is estimated to increase to 50% in 2017. When employees own the devices used to access and store business related data, performing forensic examinations in support of internal investigations can become more complicated due to issues related …

Data Retention and Destruction Beyond Electronic Discovery

Attorneys faced with internal investigations and litigation are regularly confronted with the prospect of collecting electronic data. Often, what this process entails in terms of volume can be wildly underestimated.  Capsicum has been involved in cases where we were simply asked to go to a client site to image a “few” computers, collect network data, and smartphones, only to walk into a hornet’s nest of hundreds of thousands of backup tapes and/or rows and rows of network-attached storage (NAS) devices.  …

Spring Cleaning! Back-up Tapes Anyone?

It’s that time of year again, spring cleaning. Perhaps you’re doing the yard work or cleaning out the garage or closet, but what about that chore many companies dread, dealing with their growing archive of back-up tapes. While many think back-up tapes are a thing of the past and consider the technology to be “old-school”, the management of tapes continues to haunt those who use them as their back-up solution or are considering moving their content to a Cloud or …

Computer Forensics and EDiscovery: Where one stops the other begins?

I am a big believer in the idea that change can be a good thing, notice I say “can be” and not “is”. So it was with this thought in mind that I found my role and that of my team changing after more than a decade of working as a “Computer”/”Digital”/”Cyber” Forensics Investigator and Examiner in the military, other government agencies and as a civilian working for a large corporation. In early 2006 before the new FRCP (Dec 2006) …

Predicting the Future of Predictive Coding in the EDiscovery Industry

Discovery is often one of the most expensive phases of the legal process.  Perhaps this is why Predictive Coding was one of the biggest legal technology topics of 2012. While the concept of Predictive Coding is appealing to some it remains the subject of debate among legal professionals and many questions remain relative to its accuracy, effectiveness and level of acceptance in the industry. Predictive Coding is a computerized process that uses sophisticated algorithms to enable the computer to determine …