
Dear Julie Washer,
As 2007 commences, we see exciting trends emerging in the investigative industry specifically targeted for our digital age. Mulholland Investigation is well positioned for the challenge of electronic-evidence gathering because of the experience in this area of our Computer Forensic expert, Robert Jones. Nearly three years ago, Robert introduced our staff and clients to this new and valuable investigative resource and since then the combination of conventional investigative techniques with computer forensic analysis has resulted in tens of millions of dollars in savings for our clients. Specifically, this month's E-Brief references a notable
case under Insurance involving a teenager who alleged a brain injury that was questioned through computer forensic analysis.
Most recently, as Director of Computer Forensics, Robert has raised our awareness to the looming concerns regarding the Electronic Storage of Information (ESI). During the course of the computer forensic investigations that we have conducted, there is a consistent theme--anxiety. When a person or business becomes the subject of a computer forensic request or judicial decree, there will be an anxious moment. What is being requested? What am I required to provide? Is this information privileged? Something as simple as a request for a copy, in the electronic (digital) age, is now complex. (See article under Legal, “When is a Copy Not a
Copy?”). In addition, with e-mail being used as the primary communication medium for businesses today, comprehensive policies on e-mail storage and retention is critical - read about a $1.45 billion judgment against Morgan Stanley when their policy failed judicial scrutiny.
We strongly encourage our clients to develop comprehensive company-wide policies specifically addressing the Electronic Storage of Information (ESI). An article in the Corporate section addresses the ramifications of not having such a policy. Robert Jones is available to consult with clients who recognize a need to formulate ESI policies.
As always, your feedback on our E-Brief is welcomed as it will help us to provide content most relevant to your needs. Please think about forwarding this email to colleagues you think could benefit from news relating to investigative practices, both traditional and digitally-based. Most importantly, if you would like to learn more about the variety of services available at Mulholland Investigation, please give us a call.
Best wishes for a healthy and prosperous New Year. We look forward to providing you and your clients with unparalleled service.
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Sean Mulholland |
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