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Volume 2 | Issue 1 | Winter 2009 |
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In This Issue
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Happy New Year and here we go again -- recession fun! IT Acceleration was established in 2002, at the onset of the "tech bubble" burst. Probably not the best time to start a new tech-based business but it certainly provided a tremendous education for us. 2009 will present a plethora of business challenges and maybe a few key opportunities — but we need the vision to benefit. What we did learn from our experience is that now, more than ever, businesses need to focus on three core areas: delivery, support, and service. In an economic climate as challenging as today, the impulse is to cut headcount, trim expenses and hunker down 'til the storm passes. As a consumer, we'll get frustrated with our vendors‘ service but chalk it up to layoffs, cut-backs, and worry. But the fact is, we will not be a repeat customer. Successful businesses have seized these moments, stepped up their efforts and not only survived but actually realized growth. Now is the opportunity to differentiate your business from the masses.As a partner investing in your success, IT Acceleration is committed to continue exceeding your expectations. Remember that our 24/7 Help Desk is available whenever you need help. Together, we'll navigate the economic challenges and come out of this crisis stronger, more resilient, and ready to take advantage of the recovery! Best wishes for a prosperous 2009! Click here to learn more about David
Also, by creating a personal Outlook contact, you can send your contact information as a "vcard," making it easy for the recipient to add you to their contacts. But more importantly, you can market the business. The notes section within the contact record is an area where you can include company information. You can also insert your photo which will be displayed in emails. This personalizing can go a long way in getting the word out.
If you need help formatting your email signature, please call our Help Desk. Click here to learn more about IT Acceleration
Our industry has evolved from Computer Forensics to Digital Forensics, due in part to the evolution of the cell phone – also known as a mobile device. Blackberries, iPhones, and Palm devices have expanded to become handheld computers with real web browsing, fast Internet, and fully functional email. In fact, when I am out of the office, I rarely take a laptop with me because my iPhone provides me with everything I need to stay connected to the office. Mobile device usage has exploded and civil litigators should take notice. Not only are these devices an extension of the computer, but they also provide additional data such as text messages, photos, calls made and received, and get this (are you sitting down?), GPS tracking data of where you went and wanted to go. No doubt the iPhone Map application is a very cool tool with its auto GPS navigation, but we should be aware of the risks associated with technology and lawsuits – it‘s all potentially discoverable. For more information, please email forensics@itacceleration.com. Click here to learn more about Forensics.
Case Study: The plaintiff and defendant were friendly colleagues, but the plaintiff was angered over a workplace dispute. A sexual harassment lawsuit was then filed. The defendant stated the ongoing relationship with the plaintiff was friendly, flirtatious, and consensual.
Facts: The defendant produced an electronic version of an email showing flirtatious banter from the plaintiff. Plaintiff produced a hardcopy of the same email which did not include the flirtatious content. The defendant stated the plaintiff's version of the email was "doctored" before it was printed. Technical Insight: More so than other electronic documents, emails can contain a wealth of communication information. Timestamps, the path the email took, and the authenticity of the email itself can definitively validate or refute a story.
How We Did It: Forensically, IT Acceleration was able to recover the original electronic version of the email, which contained the flirtatious content, from the plaintiff‘s work computer. This forensic evidence clearly showed a sent email from the plaintiff, which contained the flirtatious content missing from the hard copy version. The sender and recipient versions were validated to be within seconds of each other and sent during normal business hours. Other work uniquely identified to be the plaintiff's was also performed on the computer at this time. This further validated the plaintiff was in control of the keyboard at the time the email was sent.
The suit settled favorably for the defendant after plaintiff‘s counsel was presented with the damaging evidence.
Q: What is spoliation? Fred: In legal terms, spoliation is the negligent or intentional destruction or withholding of evidence relevant to litigation. If the court rules a party is guilty of spoliation, they can lose the case, pay fines, and counsel may be in jeopardy of harsh sanctions. Spoliation has become the new wildcard in litigation. In essence, if opposing counsel does not receive electronic evidence helpful to their case, allegations of spoliation may be filed. Let‘s address how to avert spoliation allegations in the first place through proper preservation efforts. The threat of litigation requires all parties to preserve all data relevant to the matter. The IT department may need to stop processes that delete or overwrite data. Such tasks as data optimization, PC destruction, and over-writing backup tapes may need to be suspended. Users‘ computer hard drives should be forensically imaged as soon as possible to preserve data, including deleted items. This imaging process fulfills the legal preservation obligation. The images are securely preserved and available if litigation identifies them to be relevant. Forensically imaging relevant network folders is preferred to restoring data from tapes, since tapes can be unreliable and are costly to restore, in contrast to imaging. Email capture and ongoing collection should be considered, if appropriate.
It‘s up to counsel to partner with the right team to define the scope of preservation – then execute it. Don‘t let spoliation lose a winnable case.
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IT SUPPORT & MANAGEMENT | DIGITAL FORENSICS | eRISK DEFENDER
The Woods
General Information |
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