Meagan S. Mr. Kindt E-Discovery/E-Investigation, PARL 235-IN1 January 18, 2015
This week we learned about ESI, OneNote and recording audio using Audacity. The video regarding ESI really demonstrated how connected we are without even realizing it. Without technology, we would be lost as we truly depend on what it provides to get through our day to day life. OneNote is defiantly a powerful and convenient program to use, especially in the legal community. It allows you to take notes, synch your notes to Outlook, record Audio and has many more features. Audacity is an audio recording program that comes in handy should you need to insert a clip into a project at a later date. This would be helpful should you need to record and edit a deposition, etc.
Meagan - the video also demonstrates how MUCH ESI is added each year and how impossible it is to get the WHOLE TRUTH regarding documents in some instances because there is way too much information in electronic form to search and read through - especially without the help of specialized software like Relativity that uses concept searching which we will be dealing with in the future.
Good synopsis - what amazes me is that when I started with a law firm in 1991 they had a 1 gig server - used floppy disks and now we are up to many terabytes of data on servers - 1,000 times more data at the law firm.
This week I was amazed after watching the ESI video. I am aware that our society is dependent on the use of technology to produce and store information, but I was flabbergasted at the amount of information stored electronically. The video is a bit outdated, therefore it does not reflect current estimates. However, even the 2006 estimate of 161 exabytes is impressive and scary at the same time. This video made me ponder what would happen if we were to loose access indefinitely to ESI??? It also makes me wonder what the future holds for our ever growing technological society??? Will everything eventually be run or controlled by artificial intelligence or super computers? Outsourcing has rapidly increased in recent decades and it has thus created job loss! When is enough, enough?
This week I learned about OneNote and Audacity and also about ESI. I've learned how much ESI has evolved and how much information is out there. Also, I have learned about how much documents contain the truth on the web. With OneNote, I have learned about how helpful this program can be and how organized it can keep your work. Between splitting up work to individual note books and how it can create hyperlinks to the web pages you save to OneNote for faster access back to the material. OneNote can sync with Microsoft as well and any tasks uploaded to either program will sync automatically with the other one. This week has taught me a lot and I am ready for the weeks ahead.
This week I learned about ESI and was very amazed about the amount and cost that has changed from when it was created to now. It is crazy to think of how much data as a whole we use daily. And the thought of AI running things if we continue dowm the path we are going is scary. I also learned about Audacity and how to use it. It is an awesome and suprisingly easy program to use and learn. The step by step video was very helpful. I am a visual learner so showing me about all the features and the volume use was a great asset for me to be able to watch. OneNote is a great asset not only for lawyer but I feel for everyone and I am glad that it is offered in the Microsoft Office 2010. The six assets that it offers just goes to show what a great program that OneNote is and should be shared widly.
This week I learned about the importance of the Sedona principles and there impact on electronic information that may be stored on devices such as, cameras, phones, copy machines, fax machines, and hard drives, that could be material obtained through discovery and used for litigation purposes. I found it also interesting that deleting said data does not make it unrecoverable, shadows and fragments are also discoverable material. It is important for organizations to comply with the amendments to civil procedure rule 34, such as the Sedonda principles, to ensure that pertinent data is retained properly for the purposes of potential litigation. It is important that employees are well versed on the companies policies regarding electronic data. In addition, I learned about new software that is replacing the human element, especially in the legal field. Programs that have been developed to search millions of documents for key words and phrases, anomalies, even the tone of a document are now completing the grueling task of discovering admissible information for a case rather than a room full of attorneys and paraprofessionals. I am not sure whether that is a good thing or a bad thing?
This week we covered Sedona Principle 1 which includes, but is not limited to, the importance of maintaining and preserving pertinent data that could have a certain level of importance if litigation were to arise. Organizations should make a reasonable effort to preserve and protect sensitive data for specified time periods to ensure that they are in compliance with the Federal Rules. However, organizations and businesses are not required to take unreasonable steps to ensure that they are doing so, which could make finding a balance challenging for some. Also, it is amazing how much information can be recovered. Nothing ever truly is deleted and it's always possible for information to be retrieved if necessary for the purposes of the e-discovery process. I found it quite interesting how much money have been spent on human effort towards case development and with our technological advances, people are being replaced with computers and sufficient software. This gives us some insight regarding how much human error can also be eliminated by the use of computers when they are being programmed to search for certain information such as key words and phrases, specified data, etc.
Week 2 covered where ESI may be found including cameras, copy and fax machines, on servers even after deletion etc. We also learned the importance and requirement of preserving ESI according to the 1st Sedona Principle. And finally we read about the advances in e-discovery due to the advancements in technology and programming. This reiterated how technology can be both a blessing and a curse.
This week we learned about ways that ESI data can be easily lost. Without taking great care of our equipment and data that is stored on hard drives, continuing to perform regular maintenance, information can be lost and/or damaged, which may be pertinent to an important case. We also read about Sedona Principles 2-4, which went into great detail regarding preservation, discovery tactics, limits on discovering information and data and much more. All in all, opposing parties should make a good faith effort to coordinate their discovery efforts to prevent the further involvement of the judge.We also learned about quick peek agreements and claw back agreements, which many legal teams are quite intimated of. While most corporations do like the idea of a claw back agreement, most parties involved in any type of litigation are not comfortable with the quick peek agreement, as this allows the other side to review and decide what information and data will be used for litigation purposes before they have a chance to see the data that is being reviewed. With the claw back agreement, this often allows information that was mistakenly revealed and/or released to be retrieved without repercussion.
This week we learned about ESI and how to prevent the loss of data. We also covered Sedona Principles 2-4 which discussed the necessary components of preserving and producing ESI in litigation. It also discussed the rules that govern the process. It is important to meet early in the litigation process to outline the scope and depth of each parties expectations. Doing so will save time, money, and unnecessary motions. Finally we learned the difference between a clawback agreement and a quick peek agreement.
This week we learned about Sedona Principles 2-4. Also how to lose ESI. The rules and principles discussed the importance of discussing the matters before hand and how helpful it could be to prevent issues. They discuss the importance of listing forms to include in discovery and the good faith clause to have record management in case of litigation. We also learned about the claw back and quick peek agreements are and the difference between them. The main difference being claw backs keep secrets and quick peeks let secrets out.
This week we covered different search engines, Hash Tabs software and Pinpoint Meta Data Viewer, which I haven't been able to open and view yet through Blackboard. Different search engines really focused on the difference in results you get from using the different engines to search for key words, terms, etc. We also learned that many corporations, companies, etc., pay to have their name placed at the top of a search engine result page to give them a boot in views and possible business interest. Hash Tabs software is especially important to the litigation process, as you can compare two very similar documents and determine if they are exactly the same. The software will pick up on the smallest differences even if the documents both have the same name and similar appearances. This provides a much more effective step in the process of preparing documents for presentation by eliminating the possibility of human error.
I found it most interesting that companies pay to have their sites moved to the top of a web search engine for a price rather than accuracy. The program Nuix was extremely interesting to learn about a bit more involved than I am use to navigating but with practice I am sure we could all learn to use it. And as always, the metadata videos, very helpful to locate information on my own computer.
This week we learned about a program called Hashtabs that is used to find file hashes in order to compare documents and see if they are identical. We also learned how Pinpoint metadata viewer is used and what metadata may be found within a document. Finally we learned about several different search engines that may be used to search for information on the internet. Interesting and practical information this week!
This week we learned about DOS command listing, different search engine results for a similar or the same search term and the results and information relating to social media data. Creating the DOS listing was very helpful, especially for anyone working in a law office. Many times attorneys ask for a list of files, which will come in handy during those times. Also, it's interesting after reviewing the statistics on some of the websites relating to social media usage and the data that can be retrieved, to learn how much time people spend on these interfaces. Also, many people think that digital material is destructible, which it is not. Although different devices may be used, they are connected under the same user and the data is easily discover-able.
This week we learned about what type of information is admissible into court, how to retrieve data from a hard drive and different types of forensic hardware. There are a few elements that must be met when determining what type of ESI can be used as evidence and it's strongly geared towards information that is authentic and that can be used to prove something in a case. When learning about retrieving data from a hard drive, the video showed many different models that can be used depending on personal and professional preference, such as small more compact models compared to larger and permanent models. There are many different types of forensic hardware that can be used to retrieve ESI and I found it interesting that while these models are not the same as store bought devices, store bought devices can always be changed to perform the same or similar tasks as exclusively designed forensic tools.
This week we learned about principles 8-10, using relativity and emails in discovery. It's important to remember that no electronic data is ever truly deleted and with the help of forensic specialists, can be easily retrieved should you or an attorney have the funds to support the operations. I felt that using Relativity was an organized way to create documents and keep the information pertaining to any case easily accessible.
Blogging isn't really my thing. I'm not a teacher, I'm not a narcissist, and I don't need to hear myself think; but maybe this will help someone. Since it's an assignment here goes: One of the areas of 6 categories of qualitative vs quantitative discovery discusses that "deleting" a file doesn't actually ERASE the data from the computer's storage devices. It simply changes the data to "not used" status allowing the computer to write over the "deleted" data. Until it's overwritten, it may be recoverable.
This week has been chocked full of information! Became familiar with the outline for the Research paper on The Sedona Principles. Watched video on Audacity and had no idea how user friendly it is! What a nice surprise. I will be using it for my audio presentation for sure. Watched video on ESI history. Amazing is the first word that comes to mind. The best part was the end when showing computers being smarter than us and of the importance of staying on top of technology from a paralegal vantage point. Watched video on Google Drive. At the end of the video, she gives a link to upload the drive directly to your computer applications and sync to the drive in your email account. Awesome! Then there is OneNote. I would be very interested in trying this program in a law office setting. My current employer does not use it, but the read has me very interested to see if it can do everything stated in the link. Tested my Drive sharing abilities, emailed Karl to make sure all was working, began filling in the Excel spreadsheet with homework submitted and time taken to complete, and reviewed the fill in the blank mid-term. All in all a good week so far...
The ESI video was interesting, but certainly left me concerned about how we are going to tame the apparently unsustainable growth in electronic data. Google Drive can be helpful; I've used it before, but not recently. Audacity might be interesting, although I don't like the sound of my own voice. As for the Sedona Principles, I can see why we need guidelines for E-Discovery, but it can't be easy to get lawyers and opposing parties to confer and agree on ESI.
I enjoyed the ESI video. I knew there was a lot of information on the Internet, but I didn't realize how much is actually out there! The price of a Gigabyte in 1956 compared to today left me speechless. I'm not looking forward to audacity, though. I do not want to hear how I sound when recorded. The Sedona Principles are necessary to follow since they give a sense of "best practices" and rule making. In the law profession, ethics is key and these principles will lead a person in the right direction since they helped shape the legal environment.
This first week I learned a lot of new terminology. I spent a fair amount of time simply googling words. I tried out some new software. Looking forward to using OneNote to compile my research paper. Apparently Audacity is not compatible with my Microsoft tablet, so I'll have to try that one some other time. It is crazy to think that only 24% of the world population is on the internet. What happens when it grows to 90%? I think about how all the data and memory from every fax machine, voice mail, camera, copy machine, computer etc. is being stored somewhere. I guess that's why I learned about petabyte and exabytes. It's also a little unsettling. With the quick growth of technology and new gadgets, I think ESI in the legal field needs to be taken seriously. I think the Sedona Principles will continue to play a pivotal role in future court cases.
There was a lot of information in this week's classes, I think what I found most interesting and what I knew the least about was th e Esi video. I found it interesting in how much information is out there. I also found that I don't have audacity on my computer, so if there are assignments that require that I will have to figure some thing out for those assignments
The Audacity download is #23 on the left side of the Course website. We don't have to use that audio program specifically, but we do have an assignment to turn in that requires us to record ourself. Karl said we can use any program as long as he can access the file.
The Sedona Principles articles for this week focused on the balance between the need to secure ESI for anticipated litigation and the need to be reasonable so that such measures don't unduly impact the organization's operations. In addition to those articles, I learned about different search engines and how e-discovery is affected by social media. The videos explaining how to prepare a file list using DOS commands and how to view metadata were also interesting.
It is wild to think that a single software program can do the job that was once done by a roomful of attorneys. The fact that software can detect social patterns and stressful situations in email is amazing. I learned several effective ways to destroy ESI, I think destruction by tornado is my favorite. After watching the video about Hash numbers, i'm still not sure I know exactly what they are. I understand they are unique meta data, but I think I need to read a little more about them. I learned that you can use programs such as Pinpoint, Hash Tabs, & Virus Total to compare files and look for malware by comparing metadata. I am an avid Google user, but am open to trying out new search engines after watching the video. I had never heard of some of them.
I had no idea there are over 1,000 search engines. I have never heard of ixquick, DuckDuckGo or DogPile. While I knew that companies paid big bucks to get their hits up at the top, I never knew that I had so many options to circumvent those big buck companies. In the future, I won't just use the standard ones: Google, Bing and Yahoo -- yahooooo!!!
Sedona Principles 8,9 & 10 focused on production of ESI that is not readily accessible or privileged. This seems so critical because so much ESI is deleted or adapted over time that it would be difficult for parties to agree on reasonable measures to produce data that no longer easily available. Costs and burdens must be factored into the agreements between the parties. Principle 10 returns to the topics of clawback agreements and quick peeks, which we learned about earlier in the course. Quick peeks are especially risky as parties might be inadvertently given access to privilege data, including trade secrets. Relativity software is very helpful in cases where large numbers of documents must be sorted,identified, and labeled for Discovery.
It's unreal for me to think that a requesting party can ask for an on-site inspection of your company's computer operating system and which could expose your company to revealing trade secrets as well as other highly confidential information regarding your employees. It's no wonder you would need to higher an outside agency to ensure that this information is not exposed.
Sedona Principles 11, 12, and 13 covered issues of responding to ESI discovery requests. Specifically, the large volume of ESI makes computer-assisted review an invaluable and cost-saving asset. The Relativity video detailed how such a workflow can be effective in litigation.
This week I learned more about various types of search engines. I learned that the use of social media in discovery, is not as easy as I thought. When first meeting about ESI discovery, it is beneficial to be clear and specific with your request. Preservation is key, but you must also remember that some data retrieval may be considered unreasonably or costly, and the court may not allow for it.
I spent majority of this week studying for the midterm. It is easy to see how the Sedona Principles are all connected. A common statement throughout is for both parties to meet and confer early regarding the relevancy and cost of producing ESI. In certain cases the cost can be shifted from the producing party to the requesting party. Especially if it is ESI that was already produced, and now the requesting party asks for a different format. Metadata can hold very important information, so it is important to request exactly what you need, so it doesn't get thrown out. With so many devices and formats for producing ESI, you want to consult with tech experts and consultants who can help guide in your request. This will help save time and money.
Happy 4th of July!!! Quick Peek agreements appear dangerous to me--since counsel has an ethical duty to guard zealously to the confidences and secrets of their clients, voluntarily entering into a "quick peek" agreement could constitute a violation of the Rules of Professional Conduct which requires lawyer to use diligence and care in representation. Although you should never say never, I'm not sure why you would ever expose your client as well as your license to a Quick Peek agreement.
I read a lot about SP 14 and spoliation of evidence this week. The court needs to consider culpability and prejudice of a party before issuing any sanctions. The court should also consider ordering additional discovery or allocating costs if they believe the producing party has negligently lost or destroyed relevant ESI. I also learned about manipulating and editing of audio files. Be sure to have a forensic expert examine the audio file, if there is a chance it may have been manipulated.
I believe what struck me most this week was how easy it is to manipulate spoken words using the Audacity program. Having the ability to label the words and then move them is something I've never thought about before; although, once I realized how they do it, then I also realized that all the spoofs I hear on Saturday Night Live, Jimmy Fallon, etc. are done using this type of a program. I believe what we need to take away from this as a paralegal, is that we should never be a part of doing this, but we should always remind the attorneys not only is it possible, but how easily it can be manipulated.
A 2013 update regarding the Sedona Conference provided that lawyers are cautioned to ensure they have an understanding of their ethical obligations with respect to producing metadata and, in particular, whether the attorney is operating within the discovery or non-discovery context. It article included the following definitions: a non-discovery context is “when lawyers send or receive information (i.e., ‘communications’) containing metadata;” whereas, the discovery context, is “when lawyers send, produce or receive ESI containing metadata in response to a discovery request or subpoena.”
This week learned about the different devices that will allow you to retrieve files off a hard drive that doesn't work in a computer. hard drives are sensitive pieces of equipment that should be treated with care and patience. I am continuing work on my research paper and finding a lot of helpful tips in attorneys blogs.
This week I finished my paper. Writing the paper made me r3ealize how intertwined the SP's are. I also started on the Relativity program. I know very little about computer programs and coding so I look forward to increasing my knowledge on the subject
Meagan S.
ReplyDeleteMr. Kindt
E-Discovery/E-Investigation, PARL 235-IN1
January 18, 2015
This week we learned about ESI, OneNote and recording audio using Audacity. The video regarding ESI really demonstrated how connected we are without even realizing it. Without technology, we would be lost as we truly depend on what it provides to get through our day to day life. OneNote is defiantly a powerful and convenient program to use, especially in the legal community. It allows you to take notes, synch your notes to Outlook, record Audio and has many more features. Audacity is an audio recording program that comes in handy should you need to insert a clip into a project at a later date. This would be helpful should you need to record and edit a deposition, etc.
Meagan - the video also demonstrates how MUCH ESI is added each year and how impossible it is to get the WHOLE TRUTH regarding documents in some instances because there is way too much information in electronic form to search and read through - especially without the help of specialized software like Relativity that uses concept searching which we will be dealing with in the future.
ReplyDeleteGood synopsis - what amazes me is that when I started with a law firm in 1991 they had a 1 gig server - used floppy disks and now we are up to many terabytes of data on servers - 1,000 times more data at the law firm.
DeleteThis week I was amazed after watching the ESI video. I am aware that our society is dependent on the use of technology to produce and store information, but I was flabbergasted at the amount of information stored electronically. The video is a bit outdated, therefore it does not reflect current estimates. However, even the 2006 estimate of 161 exabytes is impressive and scary at the same time. This video made me ponder what would happen if we were to loose access indefinitely to ESI??? It also makes me wonder what the future holds for our ever growing technological society??? Will everything eventually be run or controlled by artificial intelligence or super computers? Outsourcing has rapidly increased in recent decades and it has thus created job loss! When is enough, enough?
ReplyDeleteThis week I learned about OneNote and Audacity and also about ESI. I've learned how much ESI has evolved and how much information is out there. Also, I have learned about how much documents contain the truth on the web. With OneNote, I have learned about how helpful this program can be and how organized it can keep your work. Between splitting up work to individual note books and how it can create hyperlinks to the web pages you save to OneNote for faster access back to the material. OneNote can sync with Microsoft as well and any tasks uploaded to either program will sync automatically with the other one. This week has taught me a lot and I am ready for the weeks ahead.
ReplyDeleteThis week I learned about ESI and was very amazed about the amount and cost that has changed from when it was created to now. It is crazy to think of how much data as a whole we use daily. And the thought of AI running things if we continue dowm the path we are going is scary. I also learned about Audacity and how to use it. It is an awesome and suprisingly easy program to use and learn. The step by step video was very helpful. I am a visual learner so showing me about all the features and the volume use was a great asset for me to be able to watch. OneNote is a great asset not only for lawyer but I feel for everyone and I am glad that it is offered in the Microsoft Office 2010. The six assets that it offers just goes to show what a great program that OneNote is and should be shared widly.
ReplyDeleteThis week I learned about the importance of the Sedona principles and there impact on electronic information that may be stored on devices such as, cameras, phones, copy machines, fax machines, and hard drives, that could be material obtained through discovery and used for litigation purposes. I found it also interesting that deleting said data does not make it unrecoverable, shadows and fragments are also discoverable material. It is important for organizations to comply with the amendments to civil procedure rule 34, such as the Sedonda principles, to ensure that pertinent data is retained properly for the purposes of potential litigation. It is important that employees are well versed on the companies policies regarding electronic data. In addition, I learned about new software that is replacing the human element, especially in the legal field. Programs that have been developed to search millions of documents for key words and phrases, anomalies, even the tone of a document are now completing the grueling task of discovering admissible information for a case rather than a room full of attorneys and paraprofessionals. I am not sure whether that is a good thing or a bad thing?
ReplyDeleteThis week we covered Sedona Principle 1 which includes, but is not limited to, the importance of maintaining and preserving pertinent data that could have a certain level of importance if litigation were to arise. Organizations should make a reasonable effort to preserve and protect sensitive data for specified time periods to ensure that they are in compliance with the Federal Rules. However, organizations and businesses are not required to take unreasonable steps to ensure that they are doing so, which could make finding a balance challenging for some. Also, it is amazing how much information can be recovered. Nothing ever truly is deleted and it's always possible for information to be retrieved if necessary for the purposes of the e-discovery process. I found it quite interesting how much money have been spent on human effort towards case development and with our technological advances, people are being replaced with computers and sufficient software. This gives us some insight regarding how much human error can also be eliminated by the use of computers when they are being programmed to search for certain information such as key words and phrases, specified data, etc.
ReplyDeleteMeagan M. Stone
DeleteMr. Karl Kindt
Week 2 covered where ESI may be found including cameras, copy and fax machines, on servers even after deletion etc. We also learned the importance and requirement of preserving ESI according to the 1st Sedona Principle. And finally we read about the advances in e-discovery due to the advancements in technology and programming. This reiterated how technology can be both a blessing and a curse.
ReplyDeleteThis week we learned about ways that ESI data can be easily lost. Without taking great care of our equipment and data that is stored on hard drives, continuing to perform regular maintenance, information can be lost and/or damaged, which may be pertinent to an important case. We also read about Sedona Principles 2-4, which went into great detail regarding preservation, discovery tactics, limits on discovering information and data and much more. All in all, opposing parties should make a good faith effort to coordinate their discovery efforts to prevent the further involvement of the judge.We also learned about quick peek agreements and claw back agreements, which many legal teams are quite intimated of. While most corporations do like the idea of a claw back agreement, most parties involved in any type of litigation are not comfortable with the quick peek agreement, as this allows the other side to review and decide what information and data will be used for litigation purposes before they have a chance to see the data that is being reviewed. With the claw back agreement, this often allows information that was mistakenly revealed and/or released to be retrieved without repercussion.
ReplyDeleteThis week we learned about ESI and how to prevent the loss of data. We also covered Sedona Principles 2-4 which discussed the necessary components of preserving and producing ESI in litigation. It also discussed the rules that govern the process. It is important to meet early in the litigation process to outline the scope and depth of each parties expectations. Doing so will save time, money, and unnecessary motions. Finally we learned the difference between a clawback agreement and a quick peek agreement.
ReplyDeleteThis week we learned about Sedona Principles 2-4. Also how to lose ESI. The rules and principles discussed the importance of discussing the matters before hand and how helpful it could be to prevent issues. They discuss the importance of listing forms to include in discovery and the good faith clause to have record management in case of litigation. We also learned about the claw back and quick peek agreements are and the difference between them. The main difference being claw backs keep secrets and quick peeks let secrets out.
ReplyDeleteThis week we covered different search engines, Hash Tabs software and Pinpoint Meta Data Viewer, which I haven't been able to open and view yet through Blackboard. Different search engines really focused on the difference in results you get from using the different engines to search for key words, terms, etc. We also learned that many corporations, companies, etc., pay to have their name placed at the top of a search engine result page to give them a boot in views and possible business interest. Hash Tabs software is especially important to the litigation process, as you can compare two very similar documents and determine if they are exactly the same. The software will pick up on the smallest differences even if the documents both have the same name and similar appearances. This provides a much more effective step in the process of preparing documents for presentation by eliminating the possibility of human error.
ReplyDeleteI found it most interesting that companies pay to have their sites moved to the top of a web search engine for a price rather than accuracy. The program Nuix was extremely interesting to learn about a bit more involved than I am use to navigating but with practice I am sure we could all learn to use it. And as always, the metadata videos, very helpful to locate information on my own computer.
ReplyDeleteThis week we learned about a program called Hashtabs that is used to find file hashes in order to compare documents and see if they are identical. We also learned how Pinpoint metadata viewer is used and what metadata may be found within a document. Finally we learned about several different search engines that may be used to search for information on the internet. Interesting and practical information this week!
ReplyDeleteThis week we learned about DOS command listing, different search engine results for a similar or the same search term and the results and information relating to social media data. Creating the DOS listing was very helpful, especially for anyone working in a law office. Many times attorneys ask for a list of files, which will come in handy during those times. Also, it's interesting after reviewing the statistics on some of the websites relating to social media usage and the data that can be retrieved, to learn how much time people spend on these interfaces. Also, many people think that digital material is destructible, which it is not. Although different devices may be used, they are connected under the same user and the data is easily discover-able.
ReplyDeleteThis week we learned about what type of information is admissible into court, how to retrieve data from a hard drive and different types of forensic hardware. There are a few elements that must be met when determining what type of ESI can be used as evidence and it's strongly geared towards information that is authentic and that can be used to prove something in a case. When learning about retrieving data from a hard drive, the video showed many different models that can be used depending on personal and professional preference, such as small more compact models compared to larger and permanent models. There are many different types of forensic hardware that can be used to retrieve ESI and I found it interesting that while these models are not the same as store bought devices, store bought devices can always be changed to perform the same or similar tasks as exclusively designed forensic tools.
ReplyDeleteI would like an IRON KEY USB Stick.
ReplyDeleteThis week we learned about principles 8-10, using relativity and emails in discovery. It's important to remember that no electronic data is ever truly deleted and with the help of forensic specialists, can be easily retrieved should you or an attorney have the funds to support the operations. I felt that using Relativity was an organized way to create documents and keep the information pertaining to any case easily accessible.
ReplyDeleteBlogging isn't really my thing. I'm not a teacher, I'm not a narcissist, and I don't need to hear myself think; but maybe this will help someone. Since it's an assignment here goes: One of the areas of 6 categories of qualitative vs quantitative discovery discusses that "deleting" a file doesn't actually ERASE the data from the computer's storage devices. It simply changes the data to "not used" status allowing the computer to write over the "deleted" data. Until it's overwritten, it may be recoverable.
ReplyDeleteI didn't know that....see you did help someone : )
DeleteThis week has been chocked full of information! Became familiar with the outline for the Research paper on The Sedona Principles. Watched video on Audacity and had no idea how user friendly it is! What a nice surprise. I will be using it for my audio presentation for sure. Watched video on ESI history. Amazing is the first word that comes to mind. The best part was the end when showing computers being smarter than us and of the importance of staying on top of technology from a paralegal vantage point. Watched video on Google Drive. At the end of the video, she gives a link to upload the drive directly to your computer applications and sync to the drive in your email account. Awesome! Then there is OneNote. I would be very interested in trying this program in a law office setting. My current employer does not use it, but the read has me very interested to see if it can do everything stated in the link. Tested my Drive sharing abilities, emailed Karl to make sure all was working, began filling in the Excel spreadsheet with homework submitted and time taken to complete, and reviewed the fill in the blank mid-term. All in all a good week so far...
ReplyDeleteThe ESI video was interesting, but certainly left me concerned about how we are going to tame the apparently unsustainable growth in electronic data. Google Drive can be helpful; I've used it before, but not recently. Audacity might be interesting, although I don't like the sound of my own voice. As for the Sedona Principles, I can see why we need guidelines for E-Discovery, but it can't be easy to get lawyers and opposing parties to confer and agree on ESI.
ReplyDeleteI enjoyed the ESI video. I knew there was a lot of information on the Internet, but I didn't realize how much is actually out there! The price of a Gigabyte in 1956 compared to today left me speechless. I'm not looking forward to audacity, though. I do not want to hear how I sound when recorded. The Sedona Principles are necessary to follow since they give a sense of "best practices" and rule making. In the law profession, ethics is key and these principles will lead a person in the right direction since they helped shape the legal environment.
ReplyDeleteThis first week I learned a lot of new terminology. I spent a fair amount of time simply googling words. I tried out some new software. Looking forward to using OneNote to compile my research paper. Apparently Audacity is not compatible with my Microsoft tablet, so I'll have to try that one some other time. It is crazy to think that only 24% of the world population is on the internet. What happens when it grows to 90%? I think about how all the data and memory from every fax machine, voice mail, camera, copy machine, computer etc. is being stored somewhere. I guess that's why I learned about petabyte and exabytes. It's also a little unsettling. With the quick growth of technology and new gadgets, I think ESI in the legal field needs to be taken seriously. I think the Sedona Principles will continue to play a pivotal role in future court cases.
ReplyDeleteThere was a lot of information in this week's classes, I think what I found most interesting and what I knew the least about was th e Esi video. I found it interesting in how much information is out there. I also found that I don't have audacity on my computer, so if there are assignments that require that I will have to figure some thing out for those assignments
ReplyDeleteHi Nicole,
DeleteThe Audacity download is #23 on the left side of the Course website. We don't have to use that audio program specifically, but we do have an assignment to turn in that requires us to record ourself. Karl said we can use any program as long as he can access the file.
The Sedona Principles articles for this week focused on the balance between the need to secure ESI for anticipated litigation and the need to be reasonable so that such measures don't unduly impact the organization's operations. In addition to those articles, I learned about different search engines and how e-discovery is affected by social media. The videos explaining how to prepare a file list using DOS commands and how to view metadata were also interesting.
ReplyDeleteIt is wild to think that a single software program can do the job that was once done by a roomful of attorneys. The fact that software can detect social patterns and stressful situations in email is amazing. I learned several effective ways to destroy ESI, I think destruction by tornado is my favorite. After watching the video about Hash numbers, i'm still not sure I know exactly what they are. I understand they are unique meta data, but I think I need to read a little more about them. I learned that you can use programs such as Pinpoint, Hash Tabs, & Virus Total to compare files and look for malware by comparing metadata. I am an avid Google user, but am open to trying out new search engines after watching the video. I had never heard of some of them.
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ReplyDeleteI had no idea there are over 1,000 search engines. I have never heard of ixquick, DuckDuckGo or DogPile. While I knew that companies paid big bucks to get their hits up at the top, I never knew that I had so many options to circumvent those big buck companies. In the future, I won't just use the standard ones: Google, Bing and Yahoo -- yahooooo!!!
ReplyDeleteSedona Principles 8,9 & 10 focused on production of ESI that is not readily accessible or privileged. This seems so critical because so much ESI is deleted or adapted over time that it would be difficult for parties to agree on reasonable measures to produce data that no longer easily available. Costs and burdens must be factored into the agreements between the parties. Principle 10 returns to the topics of clawback agreements and quick peeks, which we learned about earlier in the course. Quick peeks are especially risky as parties might be inadvertently given access to privilege data, including trade secrets.
ReplyDeleteRelativity software is very helpful in cases where large numbers of documents must be sorted,identified, and labeled for Discovery.
It's unreal for me to think that a requesting party can ask for an on-site inspection of your company's computer operating system and which could expose your company to revealing trade secrets as well as other highly confidential information regarding your employees. It's no wonder you would need to higher an outside agency to ensure that this information is not exposed.
ReplyDeleteSedona Principles 11, 12, and 13 covered issues of responding to ESI discovery requests. Specifically, the large volume of ESI makes computer-assisted review an invaluable and cost-saving asset. The Relativity video detailed how such a workflow can be effective in litigation.
ReplyDeleteThis week I learned more about various types of search engines. I learned that the use of social media in discovery, is not as easy as I thought. When first meeting about ESI discovery, it is beneficial to be clear and specific with your request. Preservation is key, but you must also remember that some data retrieval may be considered unreasonably or costly, and the court may not allow for it.
ReplyDeleteI spent majority of this week studying for the midterm. It is easy to see how the Sedona Principles are all connected. A common statement throughout is for both parties to meet and confer early regarding the relevancy and cost of producing ESI. In certain cases the cost can be shifted from the producing party to the requesting party. Especially if it is ESI that was already produced, and now the requesting party asks for a different format. Metadata can hold very important information, so it is important to request exactly what you need, so it doesn't get thrown out. With so many devices and formats for producing ESI, you want to consult with tech experts and consultants who can help guide in your request. This will help save time and money.
ReplyDeleteHappy 4th of July!!! Quick Peek agreements appear dangerous to me--since counsel has an ethical duty to guard zealously to the confidences and secrets of their clients, voluntarily entering into a "quick peek" agreement could constitute a violation of the Rules of Professional Conduct which requires lawyer to use diligence and care in representation. Although you should never say never, I'm not sure why you would ever expose your client as well as your license to a Quick Peek agreement.
ReplyDeleteI read a lot about SP 14 and spoliation of evidence this week. The court needs to consider culpability and prejudice of a party before issuing any sanctions. The court should also consider ordering additional discovery or allocating costs if they believe the producing party has negligently lost or destroyed relevant ESI. I also learned about manipulating and editing of audio files. Be sure to have a forensic expert examine the audio file, if there is a chance it may have been manipulated.
ReplyDeleteI believe what struck me most this week was how easy it is to manipulate spoken words using the Audacity program. Having the ability to label the words and then move them is something I've never thought about before; although, once I realized how they do it, then I also realized that all the spoofs I hear on Saturday Night Live, Jimmy Fallon, etc. are done using this type of a program. I believe what we need to take away from this as a paralegal, is that we should never be a part of doing this, but we should always remind the attorneys not only is it possible, but how easily it can be manipulated.
ReplyDeleteA 2013 update regarding the Sedona Conference provided that lawyers are cautioned to ensure they have an understanding of their ethical obligations with respect to producing metadata and, in particular, whether the attorney is operating within the discovery or non-discovery context. It article included the following definitions: a non-discovery context is “when lawyers send or receive information (i.e., ‘communications’) containing metadata;” whereas, the discovery context, is “when lawyers send, produce or receive ESI containing metadata in response to a discovery request or subpoena.”
ReplyDeleteThis week learned about the different devices that will allow you to retrieve files off a hard drive that doesn't work in a computer. hard drives are sensitive pieces of equipment that should be treated with care and patience. I am continuing work on my research paper and finding a lot of helpful tips in attorneys blogs.
ReplyDeleteThis week I finished my paper. Writing the paper made me r3ealize how intertwined the SP's are. I also started on the Relativity program. I know very little about computer programs and coding so I look forward to increasing my knowledge on the subject
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