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Computer Forensics: When Electronic Discovery Isn't Enough
Deleted emails that document age discrimination, the theft of intellectual property, or a long-smoldering affair. Multiple versions of a spreadsheet that reveal the source of an embezzler's Caribbean vacation. Flash drives and iPhones containing confidential customer lists. Residue from browser cache directories that unwittingly documents weeks or months of illegal online activity.
All of these examples -- and many, many more -- help illustrate how technology is changing the practice of law in the 21st century. Firms already spend billions on services and software to organize and evaluate the gigabytes and terabytes of information produced by the even the simplest discovery request. Now a new multi-billion dollar industry, known as computer forensics, has arisen to help law enforcement, investigators, and attorneys recover potentially relevant electronic evidence that has been accidentally or purposefully deleted. Today, it is most common in criminal proceedings (particularly obscenity and child pornography investigations), but it is playing an increasingly significant role in family law, employer/employee cases, and the protection of trade secrets and intellectual property. If you haven't worked with or cross-examined a computer forensics expert yet, the odds are good that you will soon.
Computer Forensics for the Legal Profession, a 6-hour CLE for attorneys being offered at the Westin Washington DC City Center on July 23, 2009, will give you a basic understanding of computer forensic tools and techniques, an overview of the emerging case law involving computer forensic issues, and a checklist for ethically preserving and disposing of electronic client data. At the conclusion of this seminar, you will have the information needed to:
- evaluate the need for computer forensic examinations in a given case;
- select and hire a computer forensics expert;
- understand and challenge a computer forensics report;
- effectively work with, depose, and/or cross-examine a computer forensics expert;
- research and brief emerging computer forensics issues; and
- safely and ethically store, retain, and dispose of electronic client data.
SEMINAR OVERVIEW
I. Introduction to Computer Concepts and Forensic Terminology (9:00-10:00am)
II. Trends in Data Creation, Storage, and Transmission (10:05-11:10am)
III. Developments in Forensic Hardware and Software (11:15-12:15pm)
Buffet Lunch (12:15-1:15pm)
IV. Forensic Search and Seizure: Overview of Procedure and Law (1:15-2:15pm)
V. Recent Federal and State Computer Forensic Decisions [Jurisdiction-Specific] (2:20-3:20pm)
VI. The Ethics of Electronic Data Retention and Deletion (3:30-4:30pm)
In addition to the substantive information, each attendee will receive the following materials and seminar amenities:
- Course materials stored a 1 GB USB thumb drive;
- A complimentary continental breakfast and buffet lunch; and
- 12 months of jurisdiction-specific updates on computer forensic developments, both legal and technical.
This seminar has been accredited for 6 hours CLE credit by the California State Board of Bar Examiners. Additional information and a link to a detailed agenda are available at http://www.computerforensicsdigest.com/register.
LOCATION:
Westin Washington DC City Center, 1400 M Street NW, Washington, DC.
COST:
Regular seminar tuition is $300. Three or more individuals from the same office can register for $270. Judges and public defenders can attend for $250. To register, please visit the "Digital Dirt CLE" registration page ( http://www.computerforensicsdigest.com/register ) and in the pull-down payment menu, select the appropriate option.
You can also register by mail by sending a check in the appropriate amount to the following address: Mathom Enterprises, LLC, Attn: Frederick S. Lane, 12 Catherine Street, Burlington, VT 05401.
EARLY BIRD SPECIAL: From now through July 3, registration is $50 off. Space is limited, so register early.
Registration starts at 8:00am, and walk-ins are welcome on a first-come, first-served basis.
ABOUT THE PRESENTER:
I am an attorney, computer forensics specialist, and author based in Burlington, VT. I have been conducting computer forensic examinations and providing expert witness services for a decade now in a broad range of cases, including: federal and state obscenity and child pornography cases, homicide, domestic relations, and corporate theft. My general computer experience stretches back thirty years; in the summer of 2008, I attended forty hours of advanced training in the operation of X-Ways Forensics, a computer forensics suite similar to Encase, as well as file types and hard drive structures. I have served as a computer forensics expert in cases from coast to coast, and I am currently actively involved in cases in Louisiana, North Carolina/Texas, and Vermont.
In addition to my computer forensics work, I have written five books dealing with various aspects of constitutional law, technology, and social change. Four of those books are currently available:
My fifth book, American Privacy: The Four-Hundred-Year History of Our Most Contested Right, is a biography of the right to privacy that will be published by Beacon Press in November 2009.
For additional information, please call me 802-318-4604 or visit:
www.FrederickLane.com
www.ComputerForensicsDigest.com
Mathom Enterprises, LLC, 12 Catherine Street, Burlington, VT 05401.
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