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Good News/Bad News: The Tugboat's Black Box
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FXR is a Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert with world-class expertise in computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies.
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A tugboat on the Mississippi River drifted off course and slammed into the bank, damaging a local business.
Our client, the property owner, asked us to examine the "Black Box" kept by the navigation system on the boat. We first discovered that the Black Box was merely an ordinary computer hard drive. Unfortunately, someone had already removed it from the tugboat. Eventually, the tugboat company released the drive to us for forensic examination. We made a forensic image of the drive and began a forensic examination of its contents. The drive was password-protected and would run only under an older version of a Windows® operating system. Using forensic password-cracking software, we extracted the password. We then installed the required operating system on a lab machine, and mounted the image.
At that point we found that the navigation software required extensive electronic maps of the river for reference. Those maps were not on the Black Box. We contacted the original author of the software who provided the necessary maps.
At that point, we discovered that the navigation software included a "Replay Voyage" feature that would allow you to view all the actions in a particular voyage. However, the feature had been turned off nine months before the incident.
A conference with counsel revealed that they believed the Captain had been impaired at the time of the incident and probably wasn't even at the helm.
We used the software and electronic maps to make a demo to show what a "normal" passage would have looked like on the navigation display and a demo of what the Captain would have been seen had he been at the helm.
The case settled.
Electronically Stored Information, ESI and e-discovery
In light of the 2006 amendments to the Federal Rules of Civil Procedure, discovery of Electronically Stored Information ("ESI") (also called e-discovery) has become one of the most critical, and certainly one of the most costly challenges faced by litigants and their counsel. Trial attorneys understand that they must now take a far more proactive approach to helping their clients identify and secure ESI, and must do so at the earliest stages of a case.
Quite apart from litigation and the challenges faced by trial attorneys, businesses - particularly those faced with SEC and other regulatory compliance challenges - may have to make substantive changes in their record keeping, policy making, and document management.
At KKAI, we provide a full range of e-discovery and computer forensic services. We can assess a client's current system(s) for managing its ESI, recommend changes needed to help bring a client in line with the regulatory compliance requirements, and assist businesses in preparing e-discovery plans. We can help design Record Retention Plans, develop systems for monitoring retention plan compliance, and construct and explain Data Retention Architectures. We can help draw up Litigation Hold Plans that let businesses plan for fast, efficient, and safer responses to litigation. Planning ahead in this fashion can help businesses avoid serious sanctions in the event of litigation and what might otherwise turn out to be a practical inability (despite all good faith efforts) to respond to the e-discovery demands of an opponent or order of a court issued under the Federal Rules. When embroiled in responding to e-discovery demands, we can conduct forensic investigations involving technical issues such as metadata, email, text messaging, deleted but recoverable data, event and web logs and more.
In litigation, if there is any expectation that responsive discovery is stored in electronic form - a virtual certainty in today's world - litigants and their counsel need to consult an expert in e-discovery and computer forensics at the outset of a case or claim, not only to assure themselves that they can respond consistently with the requirements of the law, but also to enable document production to proceed in a manageable and (to the greatest extent possible) cost effective manner.
Read other articles by this KKAI Associate:
The Family Business: You Missed One
Purloined Intellectual Property
The Case of the Vanishing Emails
| Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert, computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies. | |
| Resume of FJB | mathematician, electrical engineering and computer science expert, computer and network forensic investigation and analysis specialist, patent infringement expert witness testimony, engineering consulting services |
| Resume of ISY | computer science expert, software engineering consultant, research and development, computer networking specialist, computer security research consultant, expert consulting services |
| Resume of KFZ | computer science specialist, software copyright infringement consultant, software patent and trademark infringement consultant, computer forensics specialist, e-discovery consultant, project management, system test, and information development consultant, forensic investigation and analysis, expert consulting services |
| Resume of MLI | certified computer forensic investigator, encase certified examiner, information technology professional, forensic and ediscovery examination specialist, e-discovery liaison and patent infringement litigation support expert, consulting services |
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Kevin Kennedy & Associates, Inc.
Rapid Response Engineering® Solutions
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Indianapolis, Indiana 46268
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