Computer Forensics

Federal Rules for Electronic Discovery
       - Rule 16(b) - pretrial discovery planning conference; scheduling
       - Rule 26 - general provisions governing discovery
       - Rule 33 - interrogatories to parties
       - Rule 34 - production of evidence
       - Rule 37(f) - sanctions prohibited for good-faith loss of electronic          evidence
       - Rule 45 - subpoena

Proposed Amendments to the Federal Rules of Civil Procedure (May 27, 2005, revised July 25, 2005)
       - more information regarding proposed amendments to FRCP

Summary of the Report of the Judicial Conference Committee on Rules of Practice and Procedure (see Appendix C, starting on p. 86)

Summary of Testimony and Comment on E-discovery Amendments, 2004-05

Proposed Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information

Sarbanes-Oxley Act of 2002

Model Order Regarding Discovery of Computerized Data, from Manual for Complex Litigation, Section 11.446

Preservation of Documents, Data, and Tangible Things from the Manual for Complex Litigation, Fourth

State Court Rules and Legal Statutes

Rule 16(c) Pretrial Conference Agenda for Computer-Based Discovery

Sample Preservation letter - to opponent or 3rd party

Sample Electronic Discovery Interrogatories and Requests for Production

Sample Chain of Custody Form

Electronic Discovery Action Plan - Excellent ED action plan provided by LexisNexis®

The International Association of Computer Investigative Specialists (IACIS) - an international volunteer non-profit corporation composed of law enforcement professionals dedicated to education in the field of forensic computer science.

The Federal Judicial Center - the research and education agency of the federal judicial system, with links to articles, presentations, rules and other information relating to items of interest in electronic discovery for civil litigation and criminal cases.

Electronic Discovery Case Database - database maintained by Preston Gates & Ellis containing more than 400 electronic discovery cases from state and federal jurisdictions in the U.S.

DiscoveryResources.org - up-to-date information, resources and news available about electronic discovery.

1 December 2006
New Rules for Electronic Discovery Are Set to Kick In

U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new Federal Rules that go into effect Friday, legal experts say. "Before the rules kicked in, not all court systems required parties to disclose early on in litigation what electronic evidence they planned to present during discovery. The amended rules require companies to schedule an early conference to discuss what electronic data they plan to use in supporting their claims or defenses, along with the names and phone numbers of people who are likely to have "discoverable" information. "
More at News.com

19 October 2006
Stan Mitchell Completes EnCase Certified Examiner (EnCE) Program

Stan Mitchell, Computer Forensic Lab Manager for LogicForce Consulting, LLC, recently completed the requirements for the EnCase Certified Examiner (EnCE) program. EnCase, developed by Guidance Software, is a leading platform for conducting computer forensic examinations. EnCE certification acknowledges that professionals have mastered computer investigation methodology as well as the use of EnCase during complex computer examinations. Recognized by both the law enforcement and corporate communities as a symbol of in-depth computer forensics knowledge, EnCE certification illustrates that an investigator is a skilled computer examiner.

Stan is a veteran computer forensic expert with both law enforcement and civil litigation investigative experience. He already holds the CFCE certification from IACIS, the International Association of Computer Investigative Specialists, and serves on the faculty for the organization's training division.

15 August 2006
U.S. Defense Department One of the Largest Agencies Dedicated to Computer Forensics in the World

With computer forensics quickly becoming the new DNA in the field of computer crimes (with the location of al-Qaida leader Abu Musab al-Zarqawi to its credit), the U.S. government has taken strides to increase its ability to retrieve and decipher information from an array of computer media. With over 200 employees (75 percent of them contractors), the Department of Defense’s Cyber Crime Center (called DC3) is one of the largest agencies in the world dedicated to fighting cybercrimes and cyberthreats through computer forensics. DC3 consists of three divisions: the Defense Computer Forensic Laboratory (dissects computer media submitted for analysis), the Defense Cyber Crime Institute (provides research, testing, development and evaluation of computer forensics tools); and the Defense Computer Investigations Training Program (provides formal training for computer forensics examiners).
For details visit GCN.com

24 April - 5 May 2006
LogicForce Forensics Manager, Stan Mitchell, Serves as Trainer at the Annual IACIS Conference in Florida

For over six years, Stan Mitchell has served as a forensics trainer at the Annual IACIS Conference. IACIS® (International Association of Computer Investigative Specialists) is an international volunteer non-profit corporation composed of law enforcement professionals dedicated to education in the field of forensic computer science. IACIS members represent Federal, State, Local and International Law Enforcement professionals. Regular IACIS members have been trained in the forensic science of seizing and processing computer systems. For more information about IACIS click here

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