Motion to Compel... Vestige’s forensically trained attorneys and computer specialists can help educate opposing counsel and judges regarding the process of Computer Forensics. It is common, for example, for opposing counsel to argue that access to relevant computers for purposes of acquisition ought not to be allowed. There is often raised an objection related to cost, disruption of business and inability to protect privileged information. Vestige provides attorneys with sample discovery documents, pleadings, and motions containing the case law support for computer forensic analysis. Additionally, we constantly monitor federal and state court decisions to provide you all the law and technological expertise needed to obtain access to your opponent’s relevant computers.
The Fishing Expedition...Attorneys who oppose discovery generally argue that making an image of everything on a client's hard drive will allow you to go on a "fishing expedition" looking at everything and anything that is available. They will argue that you will have access to privileged communications and confidential data. This is not true. Proper computer forensic protocol, as accepted in federal and state court cases, prevents the discovery of any irrelevant, confidential, or privileged information. This protocol is comprised of electronic analysis and privilege redaction.
Computer Forensic Analysis is conducted electronically using an arsenal of specialized software. Many software tools are specially licensed to Vestige and, in the past, were used solely by law enforcement. A simple analysis, for example, might use one or more software tools to extract every occurrence of a keyword or phrase, including all occurrences rendered invisible to the computer, such as deleted emails, instant messages, or partially overwritten memos. Because analysis is done by software, there is no fishing expedition conducted. No one browses through a client's computer looking randomly in documents or files hoping to discover relevant data. Once all relevant data has been extracted, it is parsed and compiled into a report.
Privileged Relevant Data. It is likely that relevant data extracted during the forensic analysis will contain privileged data that is not discoverable. To protect privileged data, federal and state courts have accepted similar protocols. These protocols require that counsel for the producing party have an opportunity to redact the Report of relevant data for privilege. In most cases, the Report of relevant data is electronically delivered to counsel for the producing party by Vestige, and counsel redacts the data by “cutting” the privilege text out of the Report. Additional enhancements to this protocol include having Vestige prepare a written summary of the report, identifying all the search terms, the number of hits per term, and the number of pages in the report. Vestige can file the written summary of the report with the Court, and serve a copy of the summary on the parties.
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