Data Discovery Boot Camp™

October 22-23, 2004    Registration                 January 28-29, 2005   Registration

“Counsel…failed to request retained information from one key employee and to give the litigation hold instructions to another. They also failed to adequately communicate with another employee about how she maintained her computer files. Counsel also failed to safeguard backup tapes that might have contained some of the deleted e-mails, and which would have mitigated the damage done by UBS’s destruction of those e-mails…. As a result, sanctions are warranted.

     Zubulake v. UBS Warburg, et al., (S.D.N.Y), Opinion and Order Dated July 20, 2004

Education vs. Sanctions

Computer Forensics Inc.™ offers this intensive, 1.5-day hands-on clinic designed to help attendees understand the technical issues, challenges, and timing factors involved with digital data discovery. Attendees will learn how to formulate reasonable discovery requests and more successfully challenge unreasonable ones. They will become equipped to save their clients thousands of dollars by learning how to (1) avoid costly discovery motion practice, (2) gather and preserve the right data at the right time by using early computer discovery planning tools, and (3) avoid the traps of improperly identifying, preserving, or mishandling computer data. This is not a product-oriented clinic, but rather one that focuses on such practical concerns as:

• When is email not the best evidence?
• How do I protect my client from sanctions for not adequately preserving data?
• How do I identify the data I will need to support my case (or to produce in my case)?
• Can I ensure that the data I collect is admissible?
• What to do to avoid collecting too much or too little data.
• What is the right data?
• How do forensics experts find hidden data?
• Who pays?

Our senior staff will provide attendees with hands-on experience of the processes and tools used by computer discovery experts. Participants will learn to collect an evidentiary drive image, find hidden data, examine unallocated space for deleted files, and walk through a complete backup tape restoration process for both email and non-email data. Critical components of this educational experience include the discussion of the time and expense associated with different types of data collection and review, the threshold questions to ask before undertaking a data discovery task, and dealing with technical and discovery roadblocks.

Using a hypothetical case, we will work through a typical computer discovery project and learn how to manage the process correctly from beginning to end. Each participant will receive a copy of “Essentials of Electronic Discovery,” by Joan Feldman, published by Glasser Legal Works in 2003, copies of sample discovery requests, sample forms and a copy of “Best Practices: A Digital Data Discovery Primer,” as well as specifications for setting up your own data collection and review environment.

Sample topics include:

• How to work with your client to identify and secure sources of digital data
  
• How to work with your client to identify and secure sources of digital data.
• How and when to take a 30(b)(6) deposition (it’s sooner than you think!).
• Introduction to evidentiary imaging – see, use, learn.
• Volatility of electronic data.
• Using common discovery pleadings to get to the heart of digital data discovery.
• Breaking through the backup tape backlog.

Data Discovery Boot Camp™ is also available on-site at your firm. For more information on scheduling, costs, and a complete outline, please contact our office at 206-324-6232.