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Hear the NPR webcast interview with Michael Prounis. (1.5mb).

The law and technology of digital evidence

Digital evidence (ie, documents, images and data transmitted or stored in electronic format) is the product of years of information technology development, and there are a variety of technological strategies now available to enhance its reliability and security. The application of legal principles to e-commerce, however, is in a state of relative immaturity. The challenge facing the largely non-technical US legal system is to develop a predictable body of digital evidence law that builds on traditional paper-based concepts by adding practical interfaces between law and the tools of information technology. This will require a continuing process of effective communication, education and collaboration between professionals in both fields.
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New Court Decision Validates Surety's AbsoluteProof and Evidence Exchange's Secure Digital Photocopier Process

Computer evidence processed with AbsoluteProof's underlying technology (MD-5 and SHA-1) has been successfully admitted in civil and criminal cases worldwide. To date, there are no known challenges to AbsoluteProof technology on authentication grounds. In fact, recent case law has upheld the validity of its underlying MD-5 technology.
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Evidence Exchange To The Rescue: Offering Corporate Counsel New Tools For Electronic Discovery And Production

Over the last few months, much has been said about the electronic data discovery and production problems faced by corporate counsel and the impact of the Corporate Fraud Accountability Act of 2002, also known as the Sarbanes-Oxley Act of 2002. more...

The Sarbanes-Oxley Act: How Will It Affect the Way Electronic Information Is Disclosed?

The Corporate Fraud Accountability Act of 2002, also known as the Sarbanes-Oxley Act of 2002, increases the penalties for sloppy “e-lawyering”—a term that can be used to describe such tasks as identifying relevant information sources and determining which data are responsive to an information request. more...

Keeping Track of Who's Got What

While most courts may still trust lawyers to do the right thing, some glaring holes exist in the digital discovery processes of companies and outside law firms that could raise concerns. Few organizations can withstand heightened scrutiny in the areas of document preservation, data collection, and searching/filtering. more...

The Future Of File Conversion

The Safe Production of Numbered Electronic Files — Saves Time and Money more...

Lost in a Sea of Electronic Evidence?

EvidenceExchange Can Help You Navigate Safely, Securely and with Lower Costs than Traditional Photocopying more...

Today, Not Having and Enforcing an Electronic Discovery Response Plan Can Result in the Inadvertent Shredding of Something More Valuable Than Paper! more...

The Impact Of The Sarbanes-Oxley Act: If You Can't Teach That Old Dog New Tricks, You May Have To Visit Him At The Pound

With the President's signing of the Corporate Fraud Accountability Act of 2002, also known as the Sarbanes-Oxley Act of 2002 or H.R.3763, the world has changed for CEO's. This law is the culmination of months of public anger at an unparalleled level of corporate scandal. more...

Plan For Electronic Discovery Now - And Avoid "Bet The Company" Mistakes

The Editor interviews Michael Prounis, Chief Executive Officer and Cofounder of Evidence Exchange, a New York City-based electronic data discovery solutions provider. more...

Electronic Discovery Planning For Problem Cases - Part I

     With Enron in flames and its accountants and lawyers under fire, the notion of planning for problem cases has entered a new dimension.  Not only must you face the traditional challenges of problem cases, but the Enron matter has raised concerns of professional independence and objectivity that heretofore were not questioned.  The “trust” issue has cometh forward from the oblivion to take center stage. more...

Electronic Discovery Planning For Problem Cases - Part II

Assign your most technical lawyer, best paralegal, most technical litigation support specialist and IT liaison person to be members of a Digital Discovery Unit.   Problem cases urgently need this kind of resource allocation. more...

On the Frontlines of the Digital Discovery War: Is The Worst Yet To Come?

Little more than an interesting CLE topic five years ago, Digital Discovery has come "front and center" stage, particularly to legal professionals with litigation, M&A and regulatory specialties. Judicial sanctions for spoliation of e-mail, once amounting to minor slaps on the wrist, now have hit the million dollar plus level (i.e., imposed on a major insurance company), and, in the most striking instance, court imposed spoliation sanctions (i.e., that Jurors could draw an adverse inference) significantly influenced a multi-billion dollar products liability settlement. more...

It's Not Your Fathers Discovery: Paper and TIFF Responses Are on the Road to Obsolescence

Amendments to the Federal Rules of Civil Procedure require the producing party to affirmatively produce electronic files as part of the initial production of data, even in the absence of an explicit request. more...

File Converter Authenticates e-Documents, Cuts Discovery Costs

Evidence Exchange has developed the Secure Digital Photocopier (SDP), a process that takes electronic files of any format and converts them to readable, searchable, printable PDF files, while it fingerprints and digitally notarizes them so they are secure through the entire discovery process. more...

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