ComputerForensicsDigest.com

8:00 - 9:00 a.m. Registration

Attendees and any walk-ins will be checked in and receive course materials. Coffee, tea, and light snacks will be provided.

9:00 - 10:00 a.m. Introduction to Computer Concepts and Forensic Terminology

This section of the Digital Dirt seminar is designed to give attendees an overview of the concepts and terms that they will encounter when interviewing, deposing, or cross-examining computer forensics expert. Particular attention will be given to the terms that are commonly used in computer forensics reports generated by programs like EnCase or X-Ways Forensics. This first hour will also introduce and explain the core theme of computer forensics: just because data is "deleted" doesn't mean it's gone. There will be a five-minute break at the end of the first hour.

10:05 - 11:05 a.m. Trends in Data Creation, Transmission, and Storage

The second hour will focus on the tremendous changes that are taking place in the electronic creation, transmission, and storage of information. Virtually all litigation and most non-litigation matters require an evaluation of the information that can be identified, retrieved, and preserved using computer forensics techniques. This section of the seminar will provide attorneys with a clear checklist of the computer forensics issues that should be considered at the start of any client matter. There will be ten-minute break at the end of the second hour.

11:15 - 12:15 p.m. Developments in Forensic Hardware and Software

During the third hour, attorneys will be given a introduction to the leading computer forensics hardware and software tools. In addition to understanding the concepts and terms introduced in the first hour, attorneys need to understand the basic operation of both general-purpose and specialized forensics equipment and software in order to hire their own expert and to conduct effective case evaluations, depositions, and cross-examination of opposing experts. There will be a one-hour break for lunch at the end of the third hour.

12:15 - 1:15 p.m. Buffet Lunch (included in the registration fee)

1:15 - 2:20 p.m. Forensic Search and Seizure: Overview of Procedure and Law

In the fourth hour, the focus turns to emerging standards for the handling of computer forensics investigations. Attorneys will receive an overview of the private and governmental procedures typically followed when seizing and searching electronic devices, along with a list of the emerging best practices that can be used as a basis for questioning experts at deposition and trial. Among the legal issues that will be covered are ownership of the electronic device, access to the computer, preservation of data, third-party subpoenas, etc. This hour will build on the earlier discussions of terminology, forensics software, and forensics hardware. There will be a five-minute break at the end of the fourth hour.

2:20 - 3:20 p.m. Recent Federal and State Computer Forensic Cases (Jurisdiction-Specific)

During the fifth hour, attorneys will receive an overview of reported cases dealing specifically with electronic search and seizure issues in both criminal and civil litigation. The primary focus will be on the state and federal jurisdiction in which the particular Digital Dirt CLE is being held, but leading decisions from other jurisdictions will also be discussed. There will be a ten-minute break at the end of the fifth hour.

3:30 - 4:30 p.m. The Ethics of Electronic Data

The sixth hour will focus on the ethics of electronic data storage, transmission, and deletion for attorneys and their clients. Among the issues discussed will be the reasonable steps attorneys and firms should take to protect electronic client data on-site or during transmission; the circumstances under which lawyers and firms can delete client or firm data; whether and under what circumstances the attorney or law firm should store electronic evidence; and the advice that attorneys can properly give to clients about the deletion of data. Applicable state and federal ethics rules and ethics decisions will be reviewed, along with relevant judicial decisions (particularly those focusing on spoliation of evidence).