E-Discovery & Computer Forensics

The vast majority of all business documents and activities are stored in electronic format. In fact, everything on a computer-- searches performed and emails and documents, whether saved or deleted -- can be ferreted out using computer forensics and used as evidence in litigation or corporate investigations.

Discovery and internal investigations often start with computer forensic examinations. It is vital for companies to know what's stored on their computer systems and networks, including their employees' work PCs -- to discover, uncover and recover documents.

Particularly with the electronic discovery process, companies must also know and consider all the possible sources of electronic evidence. The amended Federal Rules impose disclosure requirements on all sources of electronic information.

Listen as our authoritative panel examines how computer forensics can benefit a company in preparing for litigation or investigations, how the Federal Rules Amendments impact the use of evidence gleaned from computer forensics, as well as other legal issues surrounding such investigations.

Deborah Klar, Senior Partner, Liner Yankelevitz Sunshine & Regenstreif, Los Angeles, is a senior partner in the firm's Litigation Department, where she specializes in complex business litigation and administrative proceedings in a variety of areas such as corporate, securities, antitrust and healthcare. She has also conducted independent and pre-litigation investigations.

David Nolte, Founder, Fulcrum Financial Inquiry, Los Angeles, provides leadership for the firm, as well as direct client engagement in matters involving electronic discovery and other forensics involved in litigation. Prior to forming Fulcrum, he was responsible for the Southern California forensic accounting, valuation, and damage analysis practice for a large international accounting and consulting firm.

The panelists address these and other key questions:

• What do companies need to understand about the impact of computer forensics in litigation discovery and corporate investigations?
• How are courts ruling on the use of computer forensics in evidence?
• How will the Federal Rules Amendments impact both plaintiffs and defendants in using computer forensics evidence?
• What are some best practices for utilizing computer forensics in investigations and discovery?

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