Litigation Support

Yesterday, we had the great pleasure of interviewing our distinguished computer forensics colleague (and great friend) Craig Ball on the second edition of our Digital Detectives podcast on Legal Talk Network. When this podcast is released, I'll be sure to post the details.

Without spoiling all the fun, my favorite moment in the podcast was when Craig quoted Justice Oliver Wendell Holmes, who said, "Even a dog knows the difference between being kicked and being stumbled over." As always, it was the application of the quote that was enchanting. Craig was talking about spoliation and how it is always clear to judges and forensic examiners when evidence is missing through incompetence or a mere technical "whoops" and when it is deliberate. Amen to that Craig. I've added that quote to my long list of memorable quotes to use again . . .

And to Maddy and Josie, my labs, I am deeply grateful that you know mom would never kick you but is dependably clumsy and often stumbles over you two. On the other hand, you always manage to be planted precisely where I wish to go, especially in the kitchen on the chance that some food may drop suddenly to the floor. No matter, I apologize, you guys kiss me and all is well. All of life should be that simple and forgiving!

And do stay turned for Craig's pearls of wisdom on why it is so crazy to automatically TIFF ESI as a first step, waste in EDD, the wrong-headed view many courts have about computer forensics, the challenges of search, the use of neutral examiners and how Craig's mindset is shifting about where computer forensics can find the most useful data.

E-mail: snelson@senseient.com Phone: 703-359-0700

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