Elijah Digest - May 2018

Elijah Digest – May 2018

IN THE NEWS

ELIJAH Recognized As Leading Data Security Adviser

We are excited to announce that ELIJAH was recognized as “Leading Data Security Adviser of the Year” in both Florida and Illinois by the 2018 AI Leading Adviser Awards. In addition to traditional cybersecurity services such as penetration testing and incident response, ELIJAH has developed two specialized offerings specifically geared to the legal community: (1) law firm managed cybersecurity services, designed to help small to mid-sized law firms safeguard client confidences and firm data; and (2) M&A cybersecurity due diligence, to augment legal teams’ efforts to evaluate the cybersecurity and IT posture of a potential acquisition. With company leadership comprised of data security experts who are former law firm partners, and a team of cybersecurity experts with decades of experience assisting law firms with meeting cybersecurity and digital forensic challenges, ELIJAH is uniquely positioned to help law firms meet their data security challenges.

Check Out ELIJAH’s New Cybersecurity Video!

You’ll laugh, you’ll cry, you’ll never get this 15 seconds of your life back.

Clients Pushing Law Firms To Enhance Cybersecurity

Law firms have another incentive to focus on cybersecurity – many clients now consider cybersecurity readiness when vetting potential outside counsel.

Elijah Digest – August 2017

Self-Authenticating Evidence

IN THE NEWS

Self-Authenticating Evidence And Proposed Amendments to Federal Evidence Rule 902

Self-Authenticating Evidence

Self-Authenticating Evidence And Proposed Amendments to Federal Evidence Rule 902


Effective December 1, 2017, amended Rule 902 of the Federal Rules of Evidence is expected to go into effect. The amended rule makes clear that assuming compliance with notice requirements, two new categories of evidence will be considered self-authenticating: (a) records “generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person”; and (b) data “copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person”.

These amendments will create a strong incentive to perform forensically sound collections using qualified computer forensic experts, while ultimately reducing the likelihood of needing to spend resources to have such an expert testify at trial merely to authenticate evidence. Although using a skilled forensic expert to perform data collections could marginally increase litigation cost on the front end, the rule reduces costs downstream and creates incentives that reduce legal risk and ultimately lead to better results.

The Committee Notes for amended Rule 902(14) explain that the amendment “allows self-authentication by a certification of a qualified person that she checked the hash value of the proffered item and that it was identical to the original,” and that the “rule is flexible enough to allow certifications through processes other than comparison of hash value, including by other reliable means of identification provided by future technology.” Elijah validates collections of electronically stored information through the use of hash values – essentially digital fingerprints – or through other reliable means when hash value comparison is impractical, and is well positioned to help clients collect data in a manner that would eliminate the need for downstream authenticating testimony.

Amended Rule 902 does not mean, however, that testimony of computer forensic experts will be rendered unnecessary. Digital forensic experts can provide vital testimony regarding the meaning, significance, and timing of digital data artifacts. Disputes will continue to arise regarding the accuracy, ownership, control, and relevance of digital evidence, upon which the investigation and analysis of computer forensic experts often can shed light. And of course, not every party will comply with the notice requirements of Rule 902, nor are state courts bound by the federal rules.

Ultimately, we believe that the amendments to Rule 902 of the Federal Rules of Evidence represent a positive step towards encouraging proper evidence collection techniques while reducing potentially unnecessary expenses. The team at Elijah looks forward to discussing how we can help you meet those goals!

Elijah Digest – June 2017

LATEST HEADLINES

Reality Winner, N.S.A. Contractor Accused of Leak, Was Undone by Trail of Clues – The New York Times

WASHINGTON — In the months after President Trump was elected, Reality Leigh Winner frequently expressed outraged political views about him on social media, in between photos of her cats and favorite quotations. But on the afternoon of May 9, she posted an unusually anodyne message on Facebook, noting that she would be teaching two yoga classes that evening…

Forensic Computer Reviews and Emails as Documentary Evidence – New York Law Journal

Forensic reviews of an opposing party’s computer to obtain electronically stored information (ESI) have been recently addressed in a number of state court decisions. The request is sometimes initially denied, as courts first want to see if the requesting party can obtain the sought after ESI from another source, as formed part of the rationale for the denial for such a review in the recent decision Genger v. Genger, 2016 N.Y. App. Div. LEXIS 7835, 2016 NY Slip Op. 07988 (1st Dep’t Nov. 29. 2016). The disclosure to the requesting party of irrelevant, confidential or privileged information resulting from such a review can be prevented through reviewing protocols that are often standard, and in Matter of Nunz, 2016 N.Y. Misc. LEXIS 2891, 2016 NY Slip Op. 51185(U) (Surr. Ct. Erie Co. Aug. 9, 2016), the Surrogate’s Court, in fact, heightened those protections…

ELIJAH NEWS

Charges stand in Burlington Township murder case [where Elijah served as the Computer Forensic Expert] – The Daily Herald

Daniel Rak will go on trial on charges he murdered his father despite his lawyers’ emails about the case being sent to the Kane County state’s attorney’s office. Judge D.J. Tegeler found Public Defender Kelli Childress did not present evidence of “outrageous conduct” on the part of prosecutors that was severe enough to significantly prejudice Rak’s 6th Amendment right to a fair trial…

Elijah Digest – May 2017

LATEST HEADLINES

Could Fitbit help solve woman’s murder? – CNN, 4/24/17

A masked intruder barged into his Connecticut home, he said, tied up and tortured him and — when his wife came home — shot and killed her.

His story, however, would not hold up with investigators. And when cops ultimately charged him with murdering his wife, they relied on evidence gathered from an unlikely source:

The Fitbit his wife was wearing…

Insider charged with writing malware to steal Wall Street firm’s crown jewel algorithms – Scoop News Group

After seven years on the job at a multibillion-dollar Wall Street financial services firm, a senior systems administrator stands accused by the FBI of creating malware to steal valuable source code and encryption keys that gave him direct access to the data files that are the core of the company’s business…

ELIJAH NEWS

Burlington murder trial delayed two weeks while email fight continue – The Daily Herald

The trial of a Burlington Township man accused of beating his father to death has been delayed while he fights to have the charges dismissed because privileged defense team emails were inadvertently given to prosecutors.

Public Defender Kelli Childress argues attorney-client confidentiality was violated when emails from her office were included in a subpoena for email communications by sheriff’s deputies and investigators last fall…

INSIDER DATA THEFT What Lawyers Need To Know

Hacking is sexy. Perhaps not the hackers themselves, notwithstanding Hollywood casting including Robert Redford in 1992’s Sneakers and more recently Chris “Thor” Hemsworth in 2015’s Blackhat. Data breaches by cybercriminals regularly lead the evening news. After a litany of incidents involving a who’s who of corporate America, cyber security preparedness is on the radar in C-suites and board rooms across the country. Law firms have taken notice as well, as many companies now factor cyber security in assessing which outside counsel to retain.

In focusing on what grabs headlines, businesses often overlook a less exotic but highly significant information security danger – insider data theft…

News Coverage of Elijah Report on City of Albuquerque Police Lapel Camera Video System

In January 2017 the City of Albuquerque retained Elijah to perform an independent analysis of the Albuquerque Police Department’s use of lapel camera videos in conjunction with APD’s implementation of Taser International’s Evidence.com system. In particular, Elijah analyzed chain of custody and evidence integrity associated with the system and APD’s practices, both in general and in particular regarding two officer-involved shootings. On March 23, 2017, Elijah issued its Report of Findings. Media coverage regarding the Report can be found at https://www.abqjournal.com/975266/review-original-videos-in-shootings-still-exist.html.

About Elijah:

Founded in 2003, Elijah is an industry leader in providing expert digital forensic and legal technology solutions. Recent industry recognitions for Elijah have included “Digital Forensics Provider of the Year” by the 2017 Finance Monthly Law Awards, “US Computer Investigations Provider of the Year” by the 2017 ACQ5 Law Awards, “Technology Solutions Provider of the Year (Legal) – USA” by the 2017 Lawyer International Global Awards, and “Best for Computer Forensics & Expert Testimony Services – USA” by the 2016 AI Legal Awards. Elijah offers flexible eDiscovery managed services solutions to companies and firms of all sizes, leveraging its proprietary Dart project management software. With joint headquarters in Chicago and Miami and additional offices throughout the country, Elijah is called upon by a wide variety of companies, governmental entities and individuals to meet their digital forensic, electronic discovery and legal technology needs. For additional information, please visit http://www.elijaht.com or call 866-354-5240.

Elijah Receives Top National Honors for Digital Forensics and Legal Technology

Three months in to 2017, and Elijah has been recognized by several organizations for top honors relating to digital forensics and legal technology. The 2017 Finance Monthly Law Awards named Elijah as “Digital Forensics Provider of the Year” earlier this month, and Elijah similarly was recognized by the 2017 ACQ5 Law Awards as “US Computer Investigations Provider of the Year”. Elijah also was recognized as “Technology Solutions Provider of the Year (Legal) – USA” earlier this year by The Lawyer International Global Awards 2017, and for the second consecutive year was named “US – Technology Solutions Provider of the Year (Legal)” by the 2017 ACQ5 Law Awards.

“Elijah has an amazing group of talented digital forensic examiners and legal technologists on our team who are dedicated to providing our clients with the highest level of judgment, responsiveness and value,”

said Elijah CEO Andy Reisman.

“Although we are excited to have these efforts recognized by outside organizations, Elijah’s focus always will be on meeting exacting standards of professionalism, accuracy and communication, while innovating to address a rapidly evolving technology environment.”

About Elijah:

Founded in 2003, Elijah is an industry leader in providing expert digital forensic and legal technology solutions. Recent industry recognitions for Elijah have included “Digital Forensics Provider of the Year” by the 2017 Finance Monthly Law Awards, “US Computer Investigations Provider of the Year” by the 2017 ACQ5 Law Awards, “Technology Solutions Provider of the Year (Legal) – USA” by the 2017 Lawyer International Global Awards, and “Best for Computer Forensics & Expert Testimony Services – USA” by the 2016 AI Legal Awards. Elijah offers flexible eDiscovery managed services solutions to companies and firms of all sizes, leveraging its proprietary Dart project management software. With joint headquarters in Chicago and Miami and additional offices throughout the country, Elijah is called upon by a wide variety of companies, governmental entities and individuals to meet their digital forensic, electronic discovery and legal technology needs. For additional information, please visit http://www.elijaht.com or call 866-354-5240.

Elijah Recognized as Best for Computer Forensics & Expert Testimony Services

Elijah, a leading provider of legal technology solutions including digital forensics and electronic discovery, was recognized in the AI 2016 Legal Awards as the winner of the “Best for Computer Forensics & Expert Testimony Services – USA” category.

“This recognition of Elijah’s expertise in computer forensics and associated expert testimony speaks to the dedication of our personnel and care that we put into our work,”

said Elijah CEO Andy Reisman.

“We will continue to focus on exceeding the highest standards for responsiveness, service and excellence, and I am thrilled that recognitions such as this follow from those efforts.”

Elijah’s recognition as Best for Computer Forensics & Expert Testimony Services – USA follows its recognition by the ACQ 2016 Law Awards as “US – Technology Solutions Provider of the Year (Legal)”, as well as 2015 awards including Best Overall E-Discovery Company by the Daily Business Review, Best for Computer Forensic Investigations-USA by AI Legal Awards, and Relativity Best in Service by kCura.

About Elijah:

Founded in 2003, Elijah is an industry leader in providing electronic discovery, computer forensic and data security solutions. Elijah has been recognized as “Best for Computer Forensics & Expert Testimony Services – USA” by the AI 2016 Legal Awards, “US – Technology Solutions Provider of the Year (Legal)” by the ACQ 2016 Law Awards, the Best Overall E-Discovery Company by the Daily Business Review’s “Best of 2015” survey, “Best for Computer Forensic Investigations – USA” and “Best for Legal Technology Solutions – USA” by the AI 2015 Legal Awards, and as a Relativity Best in Service provider. Elijah offers flexible eDiscovery managed services solutions to companies and firms of all sizes, leveraging its proprietary Blade project management software. With joint headquarters in Chicago and Miami and additional offices throughout the country, Elijah is called upon by a wide variety of companies, governmental entities and individuals to meet their digital forensic, eDiscovery, data security and information technology needs. For additional information, please visit http://www.elijaht.com or call 866-354-5240.

Elijah Named U.S. eDiscovery Company of the Year

Elijah, a leading provider of legal technology solutions including electronic discovery and digital forensic services, was recognized in the 2016 ACQ5 Global Awards as the U.S. eDiscovery Company of the Year. “Recognition as 2016’s U.S. eDiscovery Company of the Year reflects Elijah’s commitment to blend white glove project management with cutting-edge legal technology,” said Elijah CEO Andy Reisman. “Our team is driven by its mission to exceed the highest standards for responsiveness, service and excellence, and am proud to see those efforts recognized nationally and by our valued clients.”

“Experts whose intimate knowledge and expertise in the cultural, financial and legal arenas are redefining our industry,” said Jake Robson, Group Editor of The ACQ5. “The 2016 ACQ5 Global Award winners always represent the best of breed in the industry and have earned these honors by standing out in a group of very impressive finalists. Relying on reader insight and experience to provide nominations to the panel remains the cornerstone of our program and to identify industry leaders, individuals, teams and organizations that represent the benchmark of achievement and best practice in the business world.”

Elijah’s win as U.S. eDiscovery Provider of the Year follows related recognitions including Best Overall E-Discovery Company by the Daily Business Review and kCura’s Relativity Best in Service designation.

About Elijah

Founded in 2003, Elijah is an industry leader in providing electronic discovery, computer forensic and data security solutions. Elijah has been recognized as the “US – E-Discovery Company of the Year” by the 2016 ACQ5 Global Awards, “US – Technology Solutions Provider of the Year (Legal)” by the 2016 ACQ5 Law Awards, the Best Overall E-Discovery Company by the Daily Business Review’s “Best of 2015” survey, “Best for Computer Forensic Investigations – USA” and “Best for Legal Technology Solutions – USA” by the AI 2015 Legal Awards, and as a Relativity Best in Service provider. Elijah offers flexible eDiscovery managed services solutions to companies and firms of all sizes, leveraging its proprietary Blade project management software. With joint headquarters in Chicago and Miami and additional offices throughout the country, Elijah is called upon by a wide variety of companies, governmental entities and individuals to meet their digital forensic, eDiscovery, data security and information technology needs. For additional information, please visit http://www.elijaht.com or call 866-354-5240.

Catalyst and Elijah Ltd. Partner to Provide E-Discovery Services

Strategic Partnership Benefits Law Firm and Corporate Clients

Denver, CO—May 18, 2016—Catalyst—the company that designs, hosts and services the world’s fastest and most scalable document repositories for large-scale discovery and regulatory compliance—today announced a strategic partnership with Chicago-based Elijah Ltd., an industry leader in providing e-discovery, computer forensics and managed services.

Founded by former litigators, Elijah focuses on optimizing the management of e-discovery projects. Its award-winning project management tool, BLADETM, helps ensure time- and cost-effective management of litigation and e-discovery projects.

Through the partnership, Elijah will now be able to offer its clients Catalyst’s powerful and intuitive ECA, search and review platform Catalyst Insight, and its next-generation technology assisted review tool Insight Predict.

“We offer a variety of best-in-breed litigation review products, and we work with our clients to find the right solution for each matter,” said Rick Weber, Elijah’s president. “Catalyst ranks high among companies offering that level of technology, and it is an important platform to now be able to offer to our clients.”

“This partnership is not just two companies adding another product to our menus,” said Andy Trabilsy, Catalyst’s director of partner development. “Catalyst and Elijah each bring unique value to the partnership that strengthens the benefits we can each provide our clients.”

Catalyst’s Global Partner Program is a network of end-to-end technology and services that help clients lower their total cost of discovery. Catalyst and its partners work together to integrate Catalyst’s powerful web-based repositories and innovative software with services to cover the full spectrum of e-discovery—from identification and collection through review and production.

About Elijah

Founded in 2003, Elijah Ltd. is an industry leader in providing e-discovery and computer forensic solutions. Elijah has been honored with numerous awards and is among the top 20 companies nationally in e-discovery capacity. Elijah is called upon by many of the largest law firms and Fortune 500 companies to meet their computer forensic and e-discovery needs.

Elijah’s team has extensive expertise in computer forensic collection, investigation, and testimony. Elijah’s rapid forensic response unit can handle the largest scale collections, performing work on-site, remotely, or in one of their secure forensic labs. In addition, through solutions such as Blade®, Elijah’s project management software, Elijah helps law firms and in-house counsel reduce expenses and increase profits. To learn more about Elijah, visit www.elijaht.com.

About Catalyst

Catalyst designs, hosts and services the world’s fastest and most powerful document repositories for large-scale discovery and regulatory compliance. For more than 15 years, corporations and their counsel have relied on Catalyst to help reduce litigation costs and take control of complex legal matters.To learn more, visit catalystsecure.com or follow the company on Twitter at @CatalystSecure.

Elijah Recognized As 2016 Legal Technology Solutions Provider Of The Year (U.S.)

Elijah’s outstanding digital forensic and eDiscovery expertise, proprietary developments in project management and data loss detection software, and high client satisfaction cited as foundations for the national best in class recognition.

CHICAGO & MIAMI – March 29, 2016

Elijah, a leading provider of legal technology solutions including digital forensics and electronic discovery, was recognized in the ACQ 2016 Law Awards as the winner of the “US – Technology Solutions Provider of the Year (Legal)” category. “Recognition as 2016’s Legal Technology Solutions Provider of the Year is a tribute to the energy our exceptional personnel invest in proactively addressing our clients’ needs,” said Elijah CEO Andy Reisman. “We will continue to focus on exceeding the highest standards for responsiveness, service and excellence, and I am thrilled that recognitions such as this follow from those efforts.”

Elijah’s win as US – Technology Solutions Provider of the Year (Legal) follows 2015 recognitions such as Best Overall E-Discovery Company by the Daily Business Review, Best for Computer Forensic Investigations-USA by AI Legal Awards, and Relativity Best in Service by kCura.

Nominees for the 2016 ACQ Legal Awards were selected from online surveys of over 165,000 readers. Entries were assessed utilizing a robust and dynamic framework to ensure that the assessment process is pertinent and objective. The ACQ Annual Award Framework was utilized as a structured model of assessment that enabled participating organizations to be benchmarked against world class performance standards. Award winners were selected based on this process together with feedback from industry opinion leaders, contributors and ACQ’s highly experienced editorial staff.

About Elijah:

Founded in 2003, Elijah is an industry leader in providing electronic discovery, computer forensic and data security solutions. Elijah has been recognized as the “US – Technology Solutions Provider of the Year (Legal)” by the ACQ 2016 Law Awards, the Best Overall E-Discovery Company by the Daily Business Review’s “Best of 2015” survey, “Best for Computer Forensic Investigations – USA” and “Best for Legal Technology Solutions – USA” by the AI 2015 Legal Awards, and as a Relativity Best in Service provider. Elijah offers flexible eDiscovery managed services solutions to companies and firms of all sizes, leveraging its proprietary Blade project management software. With joint headquarters in Chicago and Miami and additional offices throughout the country, Elijah is called upon by a wide variety of companies, governmental entities and individuals to meet their digital forensic, eDiscovery, data security and information technology needs. For additional information, please visit http://www.elijaht.com or call 866-354-5240.

Need A Digital Forensic Expert

ELIJAH AWARDS

  • Elijah Leading Data Security Adviser of the Year Florida
  • Elijah Leading Data Security Adviser of the Year
  • Corporate Excellence Awards – Digital Forensics Experts of the Year 2017
  • 2017 AI Legal Awards – Best for Digital Forensics & Expert Testimony – USA
  • Digital Forensics Provider of the Year
  • ACQ5 Law Awards 2017 – Technology Solutions Provider of the Year
  • ACQ5 Law Awards 2017 – Computer Forensic Investigations Provider of the Year
  • The Lawyer International – Technology Solutions Provider of the Year
  • 2016 AI Legal Awards – Best for Computer Forensics & Expert Testimony – USA
  • AI Legal Awards – Best for Legal Technology Solutions – USA
  • AI Legal Awards – Best for Computer Forensic Investigations USA
  • DBR Best Of – e-Discovery Company 2015
  • CIO Review – 20 Most Promising Legal Technology Solution Providers