Control Of Electronic Documents What Lawyers Need To Investigate

CONTROLOFDOCUMENTS · AGUIDEFORUKLAWYERS Control of Electronic Documents What Lawyers Need to Investigate COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM CPR PART 35 EXPERT REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 What "control" means in plain English 03 The legal test and the leading authorities 04 Subsidiaries and parent companies 05 Employees, personal devices and personal accounts 06 Contractors and consultants 07 Outsourced providers and managed services 08 Cloud platforms: your tenancy, their servers 09 Former staff 10 True third parties, and the routes to their documents 11 The control decision tree 12 The investigation: what to gather and record 13 Cross-border complications 14 Common mistakes and technical limitations 15 Questions to ask: client, opponent, provider 16 Suggested wording for instructions 17 Checklist and red flags · When to involve a digital forensic expert 18 Frequently asked questions 19 Glossary · References · Disclaimer · How a specialist laboratory can assist § 0 1 · ORIENTATION Executive summary THEHEADLINEANSWER : WHATDOES " CONTROL " MEAN ? § 0 2 · FIRSTPRINCIPLES What "control" means in plain English § 0 3 · THELAW The legal test and the leading authorities FORTHEPRACTITIONER AUTHORIT Y WHAT IT DECIDES, IN PRACTICE § 0 4 · THECATEGORIES Subsidiaries and parent companies § 0 5 · THECATEGORIES Employees, personal devices and personal accounts § 0 6 · THECATEGORIES Contractors and consultants § 0 7 · THECATEGORIES Outsourced providers and managed services § 0 8 · THECATEGORIES Cloud platforms: your tenancy, their servers § 0 9 · THECATEGORIES Former staff § 1 0 · THECATEGORIES True third parties, and the routes to their documents ROUTE WHEN IT FITS § 1 1 · THEDECISION The control decision tree QUESTION1 YESNO QUESTION2 QUESTION3 QUESTION4 § 1 2 · THEINVESTIGATION The investigation: what to gather and record GATHER BECAUSE IT ESTABLISHES § 1 3 · COMPLICATIONS Cross-border complications § 1 4 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 5 · INTERROGATORIES Questions to ask Ask your client Ask your opponent Ask an eDiscovery / forensic provider § 1 6 · DRAFTINGAIDS Suggested wording for instructions REQUESTTOACUSTODIANREGARDINGPERSONALDEVICESAND AC COUNTS ( CORE PA R AG RAPHS ) PRESER VAT IONAND AC CESSNOTICETOAPR OV IDERORGROUPENTITY ( CORE § 1 7 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The control checklist Red flags When to involve a digital forensic expert § 1 8 · COMMONQUESTIONS Frequently asked questions What does "control" of electronic documents mean? Do our parent's or subsidiary's documents count as ours? Can we really be expected to deal with employees' personal WhatsApps? The data is in the cloud, so is it the provider's, not ours? What if the foreign subsidiary refuses, or local law blocks transfer? Does control end when we no longer hold the document? § 1 9 · REFERENCE Glossary BYOD Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY