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Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

Sensei Debuts "Digital Detectives" Podcast on Legal Talk Network

Posted on July 08, 2010
Unabashedly, horn-blowing time. The first edition of our new monthly podcast entitled Digital Detectives had its debut last Friday on Legal Talk Network. The podcast is sponsored by the global e-discovery firm Applied Discovery and the podcasters are moi and...

Lawyer's License Suspended: State Police Tape Lawyer with Client

Posted on July 06, 2010
Here's how you get yourself suspended as a lawyer: Visit your client in prison, hug her at the end of the meeting, and then pull her hand into your crotch while asking her, "Wouldn't you like to say goodbye to...

The Benefits of Delivering E-Discovery Software Via the Cloud

Posted on July 01, 2010
I recently had the opportunity to chat with some of the folks from CaseCentral. I really liked their blueprint for cloud-based e-discovery (link below) and invited them to submit a guest post. Thanks for writing! Here's their post: Cloud computing...

Social Media at Coca-Cola and Sprint

Posted on June 23, 2010
We enjoyed our recent trip to New York City (too many gerbils in that cage) where we attended ALM's General Counsel Conference. The conference was excellent, we were pleased to discuss the new Sensei/Applied Discovery SM-ART (Social Media - Assessment,...

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Computer Forensics and Personal Computers in Business Cases

Posted on June 17, 2010
I am a long time fan of Bow Tie Law's Blog, but I especially enjoyed a recent post discussing Genworth Fin. Wealth Mgmt. v. McMullan (2010 U.S. Dist. LEXIS 53145 (18-19) (D. Conn. June 1, 2010). Let me say at...

Social Media Archiving

Posted on June 07, 2010
I heard from another reader, Jim Halberg, an engineer with Nextpoint.com, who wrote in part as follows: Nextpoint, whom I work for, has an offering in beta right now that aims to accomplish exactly what you've laid out -- capturing...

Readers Comment: The Defensible Collection of Social Media Data in E-Discovery

Posted on June 01, 2010
After a hiatus in New Hampshire, I've gone through the virtual mailbox and assembled some of the responses to my recent post on the defensible collection of social media data in e-discovery. Colleage Mary Mack, Corporate Technology Counsel for Fios,....

Readers Incensed by "Pay to Play" Conference Speaking Slots

Posted on May 18, 2010
My Inbox overfloweth. I owe you all a compilation of the responses to my query about harvesting social media data (shooting for Thursday on that one and thanks to all who wrote) but boy oh boy did I get a...

How Good is an E-Discovery Conference That Allows Paid Speaker Slots?

Posted on May 13, 2010
I should probably have subtitled this "Sharon's Rant." Today, yet again, I received an e-mail from a major e-discovery conference organizer advising me that the conference has a $5000 sponsorship/speaker slot currently available for $3500. Shocker. You would have to...

Times Square Bombing Highlights Limitations of Federal Data Mining

Posted on May 11, 2010
With all the data mining the federal government does, a lot of folks have wondered why it didn't (apparently) have a clue about the existence of Faisal Shahzad or his plans to detonate a bomb in Times Square. Without question,...

Taking ESI to Court on a Kindle? Now You Can Secure the Data

Posted on May 07, 2010
Amazon will not be rolling out its Kindle 2.5 update until later this month, but for security mavens, the news is good. The rollout will include password protection (along with a lot of social media friendly features). A growing number...

Do You Have E-Discovery Forms You'd Like to Share?

Posted on May 05, 2010
As many of you know, I am a co-author of one of the American Bar Association's best selling books on EDD, The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines. My co-authors, Sensei Vice President John Simek and Onlaw...

The Defensible Collection of Social Media Data in Electronic Discovery

Posted on April 29, 2010
Four hours on a plane gives me a lot of time to catch up on my reading. Of course, I would have had more time if there had been less turbulence, but the wind gods were clearly angry today ....

More on Copier Security and the Wisdom of Secure Implementations

Posted on April 27, 2010
My mailbag included a note from Steve Irons, the President of DocSolid, responding to last week's post on the perils of discarding copiers without making sure your data is not still residing on them. Steve offers some excellent thoughts and...

Discarded Buffalo Police Copiers Contain Sensitive Data

Posted on April 23, 2010
It looks like my last post about the confidential data that may remain on discarded copiers may have been very timely. Hat tip to Sean Smith, a reader who was kind enough to forward me a story which just broke...

Going to Ditch a Copier? Think Twice. It May Carry Your Data.

Posted on April 21, 2010
We had an e-mail from the Virginia State Bar's ethics guru, Jim McCauley, asking about an article he had read about how copiers can be gold mines for identity thieves. Indeed they can. Jim asked John to comment on the...

How Computer Forensics Firms Market Themselves

Posted on April 15, 2010
Some time back, I asked readers of this blog to tell me if they purchased e-mail lists and used them for marketing. I heard back from quite a few folks and was pretty surprised to hear that NONE of them...

What is the Most Secure Smartphone?

Posted on April 13, 2010
Hands down, it's the BlackBerry. The BlackBerry is the unsung hero of data security. It's nowhere near as glamorous as the data-rich and insecure iPhone, but by gosh, there is precious little data saved on the BlackBerry. The only exception...

iPhone Insecurity AND Kindle Insecurity

Posted on April 08, 2010
Thanks to Andrea Cannavina (of Legal Typist fame) who attended ABA TECHSHOW and sent me a follow-up question after attending the 60 Tips in 60 Minutes session. During the session, I had mentioned the iPhone's insecurity, including the fact that...

Photo Manipulation: Photoshop's Mind-Blowing New Tool

Posted on April 06, 2010
One of the most popular seminars John and I teach is on The Alternation and Fabrication of Electronic Evidence. Thanks to an e-mail tip from our good friend Craig Ball, we were blown away by a new tool in Photoshop....

Guest Post: That's the Way the Burden Crumbles

Posted on April 02, 2010
Today's guest post comes from Jim McGann, VP of Information Discovery, Index Engines. The eDiscovery industry is watching the burden argument erode. eDiscovery service providers are critical to the delivery of ESI to the courts, and must be prepared to...

Applied Discovery Announces Release of Reviewitter, A New EDD Review Tool

Posted on April 01, 2010
Applied Discovery, a worldwide electronic discovery leader that offers multi-national collection, analytics, processing, review, and production services for law firms, corporations, and governmental entities engaged in audits, investigations, and litigation, today announced the introduction of a groundbreaking review tool -...

Judge Waxse on Reducing Combat in E-Discovery

Posted on March 30, 2010
Last week at ABA TECHSHOW, John had the pleasure of lecturing with Magistrate Judge David Waxse, Judge James Rosenbaum and noted litigator Bruce Olson on "E-discovery in Small Cases." The entire session was educational and engaging, but I realized, as...

Facebook More Popular Than Google: E-discovery Implications

Posted on March 25, 2010
According to Hitwise research, Facebook is now the most visited website in the U.S., edging out Google. Apparently, we are no longer as interested in finding information as we are interested in "being at the party." For anyone who thinks...

How Lawyers Make Themselves Invaluable to Their Firms: They Learn E-Discovery

Posted on March 23, 2010
John and I lectured to the New York City Bar Association last week. New York law firms were decimated last year by the economy and they are still in retrenchment mode. Our hosts had asked us to answer this question...

No, No, You Can't Do That: Lawyers Surreptitiously Friending on Facebook

Posted on March 18, 2010
Recently, we've seen a deluge of social networking evidence in court, especially in family law cases. It's extraordinary how fast this tidal wave came at us. Most of the time, the evidence comes in easily since the other side doesn't...

Litigation Holds: Do You Need an 18-wheeler or a Scooter?

Posted on March 16, 2010
My friend Brett Burney wrote an interesting column for Law Technology News about legal holds, specifically focusing on legal hold software from PSS Systems, which offers a product called Atlas Suite. Brett, as always, is refreshingly candid. He likes this...

EDna is Still Reeling in Suitors and the Press is Interested

Posted on March 11, 2010
Much as I want to move on to other subjects, the EDna challenge has generated a lot of mail. Another suitor for EDna's hand has appeared. Also, we had a call from Lawyers USA today and will be interviewed tomorrow...

How Scary is Electronic Discovery?

Posted on March 10, 2010
Yesterday, John and I had the pleasure of presenting a CLE on Ethics and E-Discovery to the National Alcohol Beverage Control Association. In the raft of kind remarks proffered after the seminar, it struck us both that the word "scared"...

EDna Has Multiple Suitors!

Posted on March 08, 2010
In my last post, I asked if the EDna challenge created by Craig Ball had been met. One suitor for EDna has written me and now we have another suitor. I have to laugh to think that my enthusiastic friend,...

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