We who battle to advance law and technology are accustomed to setbacks and defeats at the hands of the old guard. Although the world has gone digital, litigation and litigation lawyers remain by and large fixed in a pre-digital world. Change, as a recent SLAW post observed, comes slowly.
Read MoreIt’s not really a word. It's an acronym. But you still need to know it.
The EDRM. The Electronic Discovery Reference Model. If you are in business, you need to know about it. If you are a lawyer you need to know about it. Which means: most people need to know about the EDRM.
Why? Let’s begin with what.
Read MoreHere at ellwood Evidence we spend a lot of time telling lawyers and business people that You just can’t put screen shots of social media posts in as evidence, any more than you can a handwritten copy of a letter. You have to collect social media posts forensically, and authenticate them.
Read MoreA recent Law Technology News article by Vancouver journalist/lawyer Marlisse Silver Sweeney focuses on gathering digital evidence from departed employees.
Now, best practice demands that employers have a protocol for gathering digital evidence at the moment an employee leaves. Otherwise, the ex post facto gathering of evidence is closing the barn door after the horse has left.
But, setting aside this concern, the main point of Ms. Sweeney’s piece is that ex-employees will likely have data - i.e. digital evidence - in more places than the obvious ones.
Read MoreThis is a highly simplified, non-exhaustive listing of some key differences between the Canadian and American legal systems. I’ve left out many details. I simply mean to impart a basic understanding of the Canadian system to someone who knows the American one.
Read MoreA typical mobile device can hold 16 to 64 gigabytes (GBs) of information, some even more. Thousands of pictures, documents or messages that could be relevant to a case. Each device stores data in different ways. This article discusses the value of mobile devices from a forensic perspective.
Read More