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Overcoming Technological Hurdles in Legal Investigations by Monica Harris

Overcoming Technological Hurdles in Legal Investigations

[EDRM Editor’s Note: EDRM is happy to amplify our Trusted Partners news and events. The opinions and positions are those of Monica Harris.]  The rapid pace of technological advancement poses significant challenges in eDiscovery and legal proceedings, particularly when it involves extracting…

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E-Discovery LLC - “Self-Collection” May Be Reasonable Using Ralph Losey’s Dual-Protection System by Michael Berman

“Self-Collection” May Be Reasonable Using Ralph Losey’s Dual-Protection System

Explore the nuanced approach to self-collection in e-discovery as advocated by Ralph Losey, Esq. This blog delves into a dual-protection system that balances self-collection risks with the need for proportionality and attorney oversight. Highlighting landmark cases and expert opinions, Michael Berman dissects the methodology that might make self-collection a defensible and efficient practice under rigorous legal scrutiny and proper guidance, transforming challenges into opportunities for precision and cost-effectiveness in legal proceedings.
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No expert needed to pull cell phone data for trial by Michael Berman

“No Expert Needed to Introduce Data Pulled From Phone at Trial”

In No Expert Needed to Introduce Data Pulled From Phone at Trial (bloomberglaw.com) (Oct. 13, 2023), Mr. Peter Hayes reported on  United States v. Williams, 83.F4th 994 (5th Cir. Oct. 13, 2023).   Mr. Hayes wrote: “A police officer who introduces evidence extracted from a cellphone at trial doesn’t need to be qualified as an expert in the technology used to do so, the Fifth Circuit said Friday.”  He reported: The police investigator in Williams’ case “explicitly disclaimed that he was offering expert testimony” at trial, [Judge] Smith said. “All the officer did was run a computer program,” [Judge] Smith said. “He offered no technical understanding of the machine or software; he did not write the program; and he did not opine on any application of specialized knowledge,” he said. “Without a showing of specialized knowledge, the mere use and understanding of a Cellebrite extract at trial is insufficient to require an expert,” [Judge] Smith said. The case presented a matter of first impression. 84 F.4th at 995.
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Mobile Ultra: Advancing Digital Investigations in the Age of Evolving Technology

Mobile Ultra: Advancing Digital Investigations in the Age of Evolving Technology

Newly launched by Cellebrite Enterprise Solutions, Mobile Ultra offers a user-friendly interface that seamlessly combines the best features of collection, analysis and review tools, streamlining investigative workflows. It enables investigators to decode and parse data from the widest array of Apple and Android software and devices, enabling industry-leading data analysis. The solution offers full file system extractions enabling comprehensive analysis of the information residing on a mobile device. Additionally, Mobile Ultra provides access to data from more than 50 cloud sources, short-lived messages, third-party chat applications and deleted content, enhancing the probability of discovering crucial evidence.
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Deep Dive into Digital Investigations: A Glimpse from the Trenches – A Webinar Recap

Deep Dive into Digital Investigations: A Glimpse from the Trenches – A Webinar Recap

Digital investigations have become a critical part of both civil and criminal litigation. As technology evolves, so does the landscape of digital forensics - a field that demands constant adaptation, rigorous training, and a keen understanding of the intricate dance between technology, law, and human behavior. As part of their ongoing commitment to connecting practitioners with expert voices in the field, Mary Mack from EDRM sat down with Steve Davis and John Simek for a deep dive into the realm of digital investigations.  Davis, a licensed private investigator, serves as the Vice President of Forensics and Investigations at Purpose Legal. His distinguished career in the legal service industry is complemented by a robust investigative background. Davis has managed a vast array of civil and criminal investigations, both nationally and internationally. Alongside Davis was John Simek, the Vice President of Sensei Enterprises Inc., a leading national managed IT, digital forensics, and cybersecurity firm based in Fairfax, Virginia. Simek, renowned for his expertise in digital forensics, has often testified as an expert witness across the United States.
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