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GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics www.gcsforensics.com Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA - 509.443.9293.

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Presentation on theme: "GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics www.gcsforensics.com Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA - 509.443.9293."— Presentation transcript:

1 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR ESI and E-Discovery Valid E-Discovery Plans Drafting/Granting Discovery Orders Case Studies

2 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR ESI and E- Discovery requests are becoming a standard part of civil cases. Electronic Systems Information E-Discovery Process Goals of Discovery ESI & E-Discovery Case Studies Court Orders E-Discovery Plans ESI & E-DISCOVERY

3 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR We use the term ESI to describe any information stored on electronics. At its core we are talking about 0s and 1s The Digital Age Electronic Hardware Types of Information Extracted ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery ELECTRONIC SYSTEMS INFORMATION

4 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Paper is hard to preserve, reference and search. Electronic communication dominating workplace Handwriting is slow and it is difficult to catch errors Medical, financial and most other businesses moving to the paperless office. THE DIGITAL AGE ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery Paper is no longer the medium of choice. Typing has replaced writing. The Digital Age Electronic Hardware Information Extracted

5 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Desktop Computers Laptop Computers Cell/Smart Phones Tablets Phone Systems Video Cameras Digital Key Systems ELECTRONIC SYSTEMS/HARDWARE ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery Offices tend to have more electronics storing data than they have people. The Digital Age Electronic Hardware Information Extracted

6 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR s Text Messages Office Documents Internet History Social Media (Facebook, blogs, tweets) Instant Messages (Skype, Yahoo, ooVoo) Office Databases Phone Conversations Video Captures Computer Use Logs INFORMATION EXTRACTED ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery The most requested information involves the Internet; s and browsers. The Digital Age Electronic Hardware Information Extracted

7 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR The process for E- Discovery is often a give and take. Attorney: Request for discovery of electronic systems information Judge: Drafts or approves order to define scope and terms E-Discovery Team: Identifies hardware possibly containing data Preserves and collects the data from that hardware Processes, reviews and analyses data Produces findings to the court Data and Digital Forensic Specialists Analyze and summarize production Provide expert opinions and feedback Assist Attorneys in court E-DISCOVERY PROCESS ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery The Digital Age Electronic Hardware Information Extracted

8 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Find specific documents claimed to exist by the attorney’s client that support their position. Prove that their client did not have or ever have documents, s, images, etc. that they are being accused of possessing. Prove the whereabouts of their client at a specific time. Find documents that might exist or might have been deleted by the opposition that might discredit their position. Show the opposition and/or client’s virtual persona in order to reinforce suspected real life activities. GOALS OF ESI REQUESTS The goal is to find either documents entered by either party or find logs related to the use of the computer or system. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery

9 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Identifying the Hardware Preserving the Data Collecting the Data Processing the Collection Review/ Analyze for Accuracy Production VALID E-DISCOVERY PLANS Recognizing a valid E-Discovery plan is necessary to avoid pitfalls such as data corruption. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Electronic Systems Info… E-Discovery Process Goals of E-Discovery

10 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Home Environment Home Computers Mobile Devices Online Accounts/Social Media Internet Service Provider Data Office Environment Central Servers that Store Data Backup Systems Desktops/laptops Mobile Devices Video/Voice and other recording devices IDENTIFYING THE HARDWARE Additional copies and backups of data on hardware may be discovered through the review stage. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

11 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Placing the data on hold Freezing the data in time Seize hardware with no warning Require shut down of system till matters are resolved E-Discovery Team in “Read Only” mode No Insert, Update or Delete instructions by team PRESERVING THE DATA Preserving the data’s integrity requires a precise plan and clear documentation ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

12 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Copy the Data Bit by Bit Every “a” = is copied perfectly to another drive as Bits are verified as accurate by copy software Collected Data verified to be accessible Original data (hard drives) never used in processing Data can be collected live or offline COLLECTING THE DATA The data from the hardware is copied using trusted forensic tools and software. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

13 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Search the drive for keywords, word patterns and/or date ranges Use common data tools to find data in structured data files Flag discovered data with ID Numbers PROCESSING THE COLLECTED DATA Processing the data requires the use of automated software combined with skilled query writers ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

14 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Look for irrelevant data flood Evaluate completeness of data, possible oversights Review the readability of the collection Look for hidden or encrypted data REVIEW/ANALYZE FOR ACCURACY This requires knowledge of data structure and a clear unpartisan review of the data’s relevance and completeness. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

15 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Index all discovery for court use Produce in standard formats like; PDF, TIFF and at times, print Production as seen by the software used to create the file Organize the production in logical sequences for readability PRODUCTION The production need to be well organized, indexed and in context to the software used to create the data ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

16 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Defining a scope Common Pitfalls Abuses of the System DRAFTING/GRANTING DISCOVERY ORDERS The order must carefully balance ensuring that all relevant data can be found with limiting the flood of data produced and costs incurred on both sides. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Identifying the Hardware Production Review/Analyze Processing Collecting Preserving

17 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Define possible related data Eliminate specific hardware parameters Set timeframe for stages of completion Define expected output format Determine number of production copies needed Plan for Intellectual Property and confidential information filtering DEFINING A SCOPE The scope narrows down the details of what is to be collected and produced. It clarifies the task for the E-Discovery team to respond to. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Defining a Scope Abuses of the System Common Pitfalls

18 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Cost of production and “low ball” bids Time delays caused by unorganized E- Discovery teams scrambling to learn as they go through due process. Hardware and software errors Uncooperative I.T. staff from the other party, evasive disclosure. COMMON PITFALLS Pitfalls can be reduced by clear communication and expectations set in the order and well organized E- Discovery teams. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Defining a Scope Abuses of the System Common Pitfalls

19 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR E-Discovery Trolls Similar to patent trolls, their goal is to force settlements by threatening “shut down” of business critical systems. Data Flooding The goal is to flood the opposite party with so much unreadable data that it masks the relevant data Greedy E-Guess These are IT based individuals who may undercut valid E- Discovery companies to entice unsuspecting lawyers into a “good deal”. Later in the process they continually request more and more finances and eventually break the client’s finances with little or no accurate production to show for it. ABUSES OF THE SYSTEM Watch for broad requests that will cripple the opposite party with cost and excessive data to cause review time delays. ESI & E-Discovery Case Studies Court Orders E-Discovery Plans Defining a Scope Abuses of the System Common Pitfalls

20 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Wrongful Termination Company terminated employee for not completing and sending a critical and attachment to VIP customer. Former employee claims the computer system must have lost the because he sent it on time. CASE STUDY With so much information stored on computers, its no wonder just about every type of case can involve ESI requests. ESI & E-Discovery Case Study Court Orders E-Discovery Plans Defining a Scope Abuses of the System Common Pitfalls

21 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Request is made by the former employees attorney to disclose electronic data related to the and the attachment in question. The goal: show that the client did send the and attach the critical document No specific hardware is named Requested that all possible relevant electronics be placed on hold. WRONGFUL TERMINATION The case of the lost . Was it computer error or the employee not doing their work? ESI & E-Discovery Case Study Court Orders E-Discovery Plans The Request Data Specialist Report E-Discovery Production The Order

22 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR WRONGFUL TERM… THE ORDER Narrowing the scope and ordering the discovery of ESI. Refer to the handout for a complete list of items to be covered in the order ESI & E-Discovery Case Study Court Orders E-Discovery Plans The Request Data Specialist Report E-Discovery Production The Order Electronics that store and files that the former employee had access to during the timeframe in question. systems and file data storage systems where the attachment and s would have been processed or saved according and active during the timeframe in question. Data may be live collected from active servers or offline collected. If additional electronics are identified as possibly containing data during the e-discovery process. Those electronics may be placed on hold as an amendment to this order. Data may be collected from in-house e-discovery storage as long as the collection process is validated by both parties e-discovery teams. The s and files produced are limited to data created between 1/1/2001 to 1/15/2001 Both parties agree to the allowance of the e-discovery team to act as expert data analysts to give opinion pertaining to the history and existence of that and attachment in question.

23 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR Identifying and Preserving E-Discovery Team identifies electronics former employees desktop, the server, the file server and the filter device as possibly containing relevant data. Collection Drives are collected and copied offline, onsite and put back into use. Processing Keywords used in the , recipients names, senders name, s sent around the time in question, documents containing keywords all discovered. Review/Analyze Other files in containing folders and versions of files found are reviewed Alternate logging systems are reviewed for search ability found with search parameters was recorded as successfully sent by the company server. Recipients server and intended client electronics data requested to verify receipt. Production PDF, TIFF and Printed Copies are made for 5 recipients WRONGFUL TERM…. E-DISCOVERY PROCESS The E-Discovery team identifies valid hardware, collects the data, and produces the requested output ESI & E-Discovery Case Study Court Orders E-Discovery Plans The Request Data Specialist Report E-Discovery Production The Order

24 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR WRONGFUL TERM…. DATA SPECIALIST REPORT The Data Specialist places the data in context and creates a time-line chart show the history of the file and in question. The chart show the file being created and edited before and after the date and time the and another similar to it was generated. The first was successfully sent to the client but did not contain the completed attachment. The attachment was named the same as the final document but was blank. The client’s server removed the blank attachment as spam and placed the invalid on hold The full was also created on the employees machine with the attachment but was simply copied to the sent items folder and though the showed it having been done earlier that day, metadata shows the file was created late that evening, after the deadline. Conclusion, the former employee failed to complete the attachment and attempted to cover up the error by sending a blank attachment and later trying to falsify a completed at a later time. The specialist places all the produced data in context and paints a picture of the history of the and attachment ESI & E-Discovery Case Study Court Orders E-Discovery Plans The Request Data Specialist Report E-Discovery Production The Order

25 GLOBAL COMPUSEARCH Specialists in E-Discovery and Digital Forensics Presented By – Josiah P. Roloff, EnCE, CCE Spokane, WA Palm Springs, CA Sacramento, CA Portland, OR ESI and E-Discovery Valid E-Discovery Plans Drafting/Granting Discovery Orders Case Studies


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