Ideally, CyberControls experience in digital evidence investigations should be leveraged by litigators in the preliminary stages of formulating a case’s merits.  After all, who is better positioned to lend valuable insight into the who, where, how, and when of hunting for digital evidence than the computer forensics investigator? Our firm ascribes to the proposition that in order to be successful in utilizing e-evidence in a case, the litigator should consider performing a number of essential steps prior to launching the DED attack.

The following consulting services are provided to ensure that every advantage available is explored before motions and requests are filed with the court for discovery purposes:

• Notification to Opposing Counsel To Preserve Electronic Evidence - CyberControls will help you in drafting a letter of notification to your adversary to preserve electronic evidence as soon as litigation commences or sooner if feasible.  This pre-emptive maneuver will put your opponent on notice to the fact that all precautions must be taken to prevent any spoliation of the evidence.

• Protecting Your Client From A DED Attack - Suffice to say that the probability exists that once you’ve filed the E-Discovery Requests with the court, opposing counsel will soon file a retaliatory “mirror image” request against your client.  With this in mind, CyberControls digital evidence experts can assist the litigator’s client in developing a defensive strategy before the adversary strikes. 

• Conduct Pre-Discovery Investigation on Your Opponent’s Computer Systems - CyberControls will provide an outline of all areas that need to be researched in order to collect sufficient intelligence on the IT infrastructure of your adversary’s client.  This information will likely contribute to the approach and line of questioning in future depositions.

• Drafting of Deposition Questions to IT Personnel - CyberControls will assist in the drafting of specific questions pertaining to the IT Infrastructure within the business organization as well as detailed inquiries into the information security policies and procedures as well as document retention and destruction procedures. If need be, a CyberControls IT specialist can assist in the actual deposition to ask follow-up questions to specific responses that require further exploration.  Our legal consultants will also assist in matters concerning Federal Rule 26(a)(1)(B), Rule 30(b)(6) deposition requests with particularity as it relates to the collection of computer stored data files-both active and deleted if required.

• Discovery Request Assistance - CyberControls will provide two areas of support in assisting the litigator in drafting the discovery request; both technical as well as legal.  The technical area of support will be focused on the precise storage media and methods of evidence acquisition being sought after to avoid objections on the grounds of vagueness or undue burden.  On the legal consulting side, our attorney resources are able to provide valuable insight and perspective into available options such as Federal Rule 26(a)(1)(B), and preparation for pretrial conference required by Federal Rule of Civil Procedure 16 with particularity as it relates to the collection of computer stored data files-both active and deleted if required. 

With 93% of all written data stored on computers, the hope of finding the “smoking gun” document in hundreds of boxes of papers, is a thing of the past.  Requesting party attorneys can gain significant advantage by integrating digital forensics into their e-discovery requests.  For those who will take the time to learn what e-evidence is , how to find it, and what it takes to recover the pursued data, will substantially increase their chances of uncovering the information that can contribute to a favorable outcome.

For a FREE, no obligation initial consultation of how your firm can utilize CyberControls professional services, please call us at 1-847-756-4890.