Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cybersecurity Law & StrategyFeaturesCybersecurityE-Discovery

Blazing Saddles or Blazing Trails: e-Discovery vs. Forensic Data Collection — Unraveling the Critical Differences

By Ariyah Mandel
July 01, 2023

In the world of e-discovery, data collection from devices plays a pivotal role in legal matters. However, the technique used for data collection is influenced by numerous factors, including the type of case, the jurisdiction and the adversarial or collaborative nature of the parties involved. Attorneys interested in legal technology, data security and e-discovery must grasp the critical differences between two essential methodologies: e-discovery and digital forensics. This article delves into the contrasting features of these methodologies to help attorneys who engage with legal technology better understand the significance of these differences.

Understanding e-Discovery Data Collection

Electronic discovery refers to the process of identifying, preserving, collecting, reviewing and producing electronically stored information in legal proceedings. It plays a crucial role in legal matters like cybersecurity litigation and regulatory investigations. When collecting data for e-discovery, attorneys must consider several key factors. First, preserving the integrity of the data is vital to ensure its authenticity and admissibility as evidence. Additionally, data must be collected from various sources and formats, including emails, documents, databases and social media platforms. Metadata, which provides crucial information about the data's creation, modification and storage, and maintaining a proper chain of custody are also essential considerations. To achieve these goals, attorneys rely on techniques such as data sampling, keyword searching, remote collection and cloud-based solutions. Furthermore, data culling and filtering techniques help refine the collected data to focus on the most relevant information.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.