ediscovery & Forensics

In the ruling In re Search Warrant No. 16-960-M-01 to Google , Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with a search warrant to produce foreign-stored emails, disagreeing with the U.S. Court of Appeals for the 2nd Circuit’s ruling in the Microsoft Ireland warrant case, where Microsoft was not ordered to provide access to emails in that ruling.

In every branch of forensic science, we have to fight with the falsehoods introduced by the popular series à la CSI (hence the properly called CSI effect ), but probably this belief is the strongest in the field of forensic image and video analysis. From endless zooming from satellite imagery, to enhancing the reflection of a reflection of a reflection, to identifying faces or fingerprints at an unbelievable pace, we very often have to explain, even to “the experts”, what is science and what is fiction.

In a victory which extends to parties involved in complex, document intensive litigation, the Supreme Court of Victoria on Friday, 2 December 2016, endorsed the use of predictive coding in discovery. This marks the first time the technology has ever been approved in Australia in a Court process, and will potentially lead to big changes in the way parties conduct discovery in major matters in the future.

​With the size – and complexity – of large commercial disputes rapidly increasing, using technology to assist in their case management is becoming more and more important.​ In this article, we take a look at some recent case law developments – both in Australia and internationally – that offer some insight into how the Courts view TAR and may use Special Referees to assist with its implementation in the case management of large disputes.

US firm LDiscovery, a provider of eDiscovery, data recovery and information governance solutions, has closed the acquisition of Kroll Ontrack, LLC. Serving 12,000 clients worldwide.

Australian technology company Nuix has released version 7.2 of its patented processing engine, adding streamlined optical character recognition, more granular document imaging control, powerful time and location analytics, and direct access to more cloud and mobile data sources.

Office 365 is moving mainstream eDiscovery off-premises, making Microsoft compelling and convenient for many organizations. If you’re an IT, legal, compliance or HR professional and answered “yes” to the question posed above, it’s important to understand the strengths of Office 365 and why it may not work for every organization or every case.

ADF Solutions, a provider of digital forensic and media exploitation tools, has released Triage-G2, which employs a simple two-step process to rapidly scan, extract, and analyse critical intelligence from computers and digital devices.

It’s been an exciting start to November and it seems that technology assisted review (TAR) has finally reached the tipping point here in my backyard. Following some recent changes to our federal procedure rules, we saw what I believe to be the first document order in Australia to explicitly specify TAR.

A recent report by the United Kingdom’s police oversight body, Her Majesty’s Inspectorate of Constabulary (HMIC), highlights a key issue that law enforcement agencies across the globe are facing: there is an overwhelming amount of digital evidence piling up. 

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