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Digital Forensics In The Modern Age Case Study

¶ … computer forensic offense. Recommendations for investigation will be addressed. Further, an example of an industrial espionage case will be cited. Crimes Committed/Background

This lawsuit entailed contract violation cross-claims, with the dispute between the two parties chiefly revolving around events that had transpired during the latter half of 1998. Residential Funding Corporation (RFC) was requested to salvage and present related emails dated from October to December 1998, from its backup drives. The corporation's internal legal consultant discovered that the company didn't possess requisite internal resources for email retrieval from backup source in the time period allowed. Therefore, the company retained Electronic Evidence Discovery's services, for support with email retrieval. Many weeks into employing established recovery techniques, the corporation was able to present a total of 126 emails (dated between January and August 1998) as well as 2 emails dated September of the same year (Computer Forensic - Computer Forensic Case Studies -- ACE Data Group, n.d). No emails were presented that were dated in the required critical time period (i.e., Oct-Dec 1998). According to RFC, the absence of responsive electronic messages from the above time period could be attributed to the fact that there simply wasn't any responsive communication...

Despite no email presented by ACE Data recovery being pertinent to this case, it reinforces the assertion that e-discovery and mass-produced recovery tools don't make the best means for data retrieval for litigation purposes. Moreover, despite RFC not maliciously delaying email release or withholding emails, by failing to employ techniques of recovering like the ones ACE used, they were open to court sanctions.
Recommendation for Investigation

Several factual observations of the district court were questioned. It was found that the complainant had presented divergent testimony with regard to the exact timing of complainant's decision to engage an external vendor, as well as the timing of actual vendor hiring. The court raised questions pertaining to the rationality of complainant's continual dependence on the external vendor all through the many months of seemingly futile efforts at critical email retrieval, given the fact that the defendant's vendor was able to accomplish the task in a mere four-day period (Court has Broad Discretion to Fashion Sanctions for Breach of Discovery Obligations -- Electronic Discovery Law, n.d). Further, the court observed that numerous careless (or else misleading) statements were present in the record, addressed to the defendant and…

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References

(n.d.). Computer Forensics Services & Electronic Discovery by ACE Data Group . Computer Forensic - Computer Forensic Case Studies -- ACE Data Group. Retrieved December 16, 2015, from http://legalforensics.com/case-studies.html

(n.d.). Electronic Discovery Law -- Legal issues, news and best practices relating to the discovery of electronically stored information. Court has Broad Discretion to Fashion Sanctions for Breach of Discovery Obligations -- Electronic Discovery Law. Retrieved December 16, 2015, from http://www.ediscoverylaw.com/2004/12/court-has-broad-discretion-to-fashion-sanctions-for-breach-of-discovery-obligations/
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