Courts Now Requiring Computer Forensic Experts ? Be Prepared ...

Courts Now Requiring Computer Forensic Experts ? Be Prepared

Article by Michele C.S. Lange

With the changing complexities of technology, it?s very important to develop a relationship with a reputable computer forensic expert. Judges are no longer willing to accept the unknown and stop when research becomes too difficult or technologically complex. Judges are basing decisions on answers and testimony from technical experts. Having an effective computer forensic expert on your side can make the difference between a win and loss.

Not only are courts expecting thorough investigations of computer evidence, some have gone as far as to order the use of a computer forensic expert. For example, in Peskoff v. Faber, 2007 WL 2416119 (D.D.C. Aug. 27, 2007), the court ordered both sides to solicit bids from computer forensic experts during the ongoing discovery battle. The plaintiff sought what they claimed to be highly relevant e-mails that the defendant claimed were no longer in existence. Rather than taking the defendant?s word for it, the court ordered inspection by a computer forensic expert and required both sides to solicit bids from qualified experts.

In another case, the court allowed one party?s computer forensic expert, over objection, to image the other party?s hard drives during the evidentiary hearing due to their inability to comply with their discovery obligations. Warner Bros. Records, Inc. v. Souther, 2006 WL 1549689 (W.D.N.C. June 1, 2006). Another court threatened the parties with appointing its own computer forensic expert to get to the truth and threatened to impose sanctions based on the information uncovered from such investigation. Koninklijke Philips Elec. N.V. v. KXD Tech., Inc., 2007 WL 879683 (D. Nev. Mar. 20, 2007).

There are multiple reasons why the knowledge of a computer forensic expert may be required in any given case. The bottom line is that it is recommended to establish a relationship with a reputable expert in advance of needing their services. If your decision comes during litigation, it will be shadowed by the pressures of the case at hand. If you establish a relationship with a reputable expert a head of time, you will be able to call on their expertise when you require it.

About the Author

Michele C.S. Lange is the Director of Legal Technologies at Kroll Ontrack Inc. Ms. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics, and technology?s role in the law. Most notably, her articles have appeared in the National Law Journal, New York Law Journal, and Corporate Counsel magazine, as well as on Law.com.

Written by: Dan on August 15, 2011.

Posted by Dan on Monday, August 15, 2011 at 2:25 pm?
Filed under Computer Forensics ? Tagged with Complexities, computer, Computer Evidence, Computer Forensic Expert, Computer Forensic Experts, Courts, Defendant, Evidentiary Hearing, Expert Judges, experts, Faber, Forensic, Hard Drives, Koninklijke Philips Elec, Kxd, Nev, Objection, Plaintiff, Prepared, Requiring, Sanctions, Technical Experts, Warner Bros, Warner Bros Records, Warner Bros Records Inc, Wl

Source: http://www.theyellowads.com/computers_technology/courts-now-requiring-computer-forensic-experts-be-prepared

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