Examining Data’s Lifecycle through Litigation and Mobile Device Forensics

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Examining Data’s Lifecycle through Litigation and Mobile Device Forensics

Program Originally Presented Wednesday, July 24, 2024

This 2-hour data technology primer CLE, presented by bit-x-bit, our annual partner for eDiscovery and digital forensics, begins with Data’s Lifecycle through Litigation – A Primer for Attorneys. This initial hour offers a tour through best practices for identifying and preserving potentially relevant information; defensibly narrowing down data sets for review; and reviewing data for purposes of production. As data within corporations continues to explode due to the use of workplace collaboration tools, mobile devices, and other online repositories, the need for attorneys to understand best practices around how to preserve, collect, analyze and produce that information (when required) is certainly heightened. Coupled with many states’ (including Pennsylvania’s) ethical duty of technical competence, enterprising litigants often engage in a tactic of practicing “discovery on discovery,” in an effort to craft spoliation claims that can lead to hefty settlements or verdicts. 

After a brief break, and opportunity to absorb the data lifecycle examination, we enter the second hour addressing, Mobile Device Forensics: What Lies Beneath? This hour explores the evidence that often lies beneath the surface, how to defensibly collect that evidence, and what forensic analysis of that evidence can tell you about your case. As the use of mobile devices continues to expand into every aspect of our lives, uncovering the truth in the information available from those sources can significantly impact the ability to prosecute or defend a criminal or civil case. Attorneys are often unaware of the types of artifacts that can be forensically recovered from a custodian's digital footprint.

Topics include:

• What forensic analysis can tell you about deleted and other data
• How to collect that data in a manner that will satisfy authentication standards under rules of evidence
• How a lawyer’s ethical duty of technical competence can be met with increased knowledge of these subjects
• The limitations of forensically collecting various evidence types, including recovery of deleted evidence
• Examples where digital forensics has creatively helped in the prosecution and defense of cases

Attending this program will definitely challenge your technical competence! Learn best practices for identifying and preserving potentially relevant data and understand what forensic analysis of a mobile device can uncover to impact the ability to prosecute or defend a case.

Featured Speakers:
John Unice, Esq.
Chief Executive Officer
bit-x-bit

Brett Creasy, CISSP, GCFA, CCE
President & Director of Digital Forensics
bit-x-bit

Paul C. Troy, Esq.
Partner, Kane Pugh Knoell Troy & Kramer, LLP

  

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