photograph by Brian Cohen
Ubiquitous Nature of Digital Evidence: Every time we send an email, visit our doctor, place a phone call, walk by a video camera, leave a voice mail or perform any of the thousands of small tasks that make up our increasingly busy lives, computer systems are dispassionately creating and storing information about our activities. The objective nature of this electronic information, automatically gathered and stored, using predictable and repeatable processes, results in electronic records that offer an unassailable source of evidence when properly gathered, preserved, analyzed and interpreted.
Unmatched Experience: At bit-x-bit, we excel at analyzing and interpreting these electronic records to tell the story of the events leading up to their creation, painting a picture of how events transpired that can be understood by your legal team and the courts. Our forensic team, composed of certified computer forensic examiners and attorneys, has the experience necessary to provide you with professional and reliable results built upon a wide range forensic investigations including:
- Departing employee theft of intellectual property
- Enforcement of non-competition agreements
- Sexual harassment
- Financial fraud
- Capital murder defense
- Legal malpractice
- Hacker incidents
- Family law matters
Expert Reporting and Documentation: We provide expert reports, affidavits, declarations and expert testimony to support our analysis and opinions. Every document we produce is carefully reviewed by an attorney familiar with the legal issues of involved in the case to ensure that our technical analysis is clear and understandable. We do not use generic automated report “templates” or include pages of meaningless “filler” data. Our reports, supporting affidavits and declarations are clear and concise with the evidence necessary to win the case.
Our Forensic Tools: In addition to our experience and expertise, we have the latest forensic hardware and software tools to preserve, gather and analyze electronic information from nearly every type of data storage system including:
- Hard drives
- Portable storage devices (thumb drives)
- Cell phones
- GPS systems
- Optical Media (CDs and DVDs)
- Social media sites
- Webmail systems
- Database systems
Value and Savings for our Clients: From cases involving the analysis of metadata associated with a single document to a forensic investigation requiring the examination of multiple systems and sources of evidence, bit-x-bit can assist with all of your forensic investigation needs. Our experts focus on the technical issues so your litigation team can focus on the legal issues, all at a value and quality that exceed client expectations, and at a cost significantly more competitive than other providers.
Our E-Discovery Approach: Given the legal backgrounds of our people, encompassing decades of complex business litigation experience, we understand that litigation requires a company willing to be in the trenches with you, and to ensure that you meet your discovery deadlines. Our ESI processing procedures are rigorously documented and subject to quality control and assurance. We employ the Sedona Conference standards set forth in “Commentary on Achieving Quality in the E-Discovery Process,” Sedona Conference (2009). Among the Sedona-recommended processes we use are:
- Data accountability and reconciliation techniques
- Strict processing documentation
- Detailed analysis, review and reporting of processing exceptions
- Quality control checks
Our E-Discovery Services: We assist in:
- Early case evaluation: we cull and search millions of documents efficiently and cost-effectively, to quickly whittle down mountains of information to the crucial documents you need to know about at the start
- Participation in Rule 26(f) meet and confers: we provide you with the information to be knowledgeable and persuasive in the initial conferences with the Court involving ESI
- ESI collection and processing: we collect and process ESI in native format and TIFF/PDF formats for all major litigation review software. To learn more about our ESI processing services click here
- Preparation of defensible project and capture plans: we capture data in an organized and documented progression so you can identify what was collected, when it was collected, and why it was collected, what was processed, what was produced, and the logic behind it all
- Preparation of ESI protocols: we prepare detailed and defensible e-discovery protocols for the collection and review of electronic evidence
- ESI sampling: we conduct defensible sampling of ESI for a variety of purposes from testing the efficacy of search terms to issues relating to burden and accessibility
Preparation of expert reports and documentation: we thoroughly document our work for our clients with the preparation of reports, and when requested supporting declarations and affidavits for use in motions to compel, protective orders, injunctive relief and other issues
Unmatched Technical Expertise: bit-x-bit’s technical expertise is unsurpassed in the region. With two certified forensic examiners and an ESI processing manager, bit-x-bit can handle the “unexpected” technical challenges that routinely occur with e-discovery projects. We have the tools to accomplish successful ESI management, and we offer them to you at “best in the industry” prices.
We offer the full range of e-discovery technical services beginning with the preservation of all potentially relevant ESI and concluding with ESI document production. These technical services include:
We welcome questions, so please contact us for a complimentary initial case consultation or to learn more about the services that we offer.
- Creation of data maps and e-discovery collection protocols
- Identification of relevant systems and ESI sources
- Forensic capture and collection of all relevant ESI
- Processing ESI including culling, de-duping, and key word searching
- Preparation of load files and case libraries
- OCRing and TIFF conversion (when required)
- Near de-duping
- Email threading
- Remote data collections
- Legacy data conversion
ESI Research and Development: E-discovery technology never stops evolving, and neither does bit-x bit. We are continuously researching industry trends and refining our processes to improve our efficiency, decrease costs to our clients, and provide our clients with access to the latest technology. Our in house research and development allows us to provide the latest e-discovery technical services such near de-duping and email threading, statistical document sampling, legacy data conversion and remote collection of ESI.
- Identifying “near duplicate” documents to speed your document review: Using a technique called “fuzzy hashing” bit-x-bit uses proprietary software to identify documents that have significant portions of text in common with other documents. Our fuzzy hashing software groups together these “near duplicate” documents (such as email threads, multiple drafts of letters and documents, etc.) and therefore greatly increases the efficiency of your review process, saving your client time and money.
One of the most important concerns in the forensic and electronic discovery processes is the preservation of the electronic evidence. Working with our clients, we establish the appropriate and most cost effective collection manner of preserving and collecting all of the potentially relevant electronically stored information. Recommended strategies can include imaging key individuals’ systems to targeted collection of user generated files from multiple custodians, to capturing shared folders from a client’s server. Each case is handled on an individual basis, preserving all potentially responsive electronic data while avoiding the problems of over collection of electronic data or the need to re-collect potentially responsive data.
Our collection and imaging rates for hard drives, USB drives, cell phones, PDAs and other external media are very reasonable. For example, for hard drives brought to our Forensic Laboratory and Data Center, our fee to image a 500 gigabyte hard drive is $500, plus a media storage fee thereby preserving all the electronic evidence on the hard drive, including metadata, in a forensically sound manner. Our on-site collection rates are equally affordable, especially when multiple systems or custodians are involved. Unlike most ESI vendors, we do not charge by the volume of data collected on-site, i.e. a per gigabyte charge. Rather, our fees are based on the time it takes us to collect or harvest the electronic data based on our standard hourly charges. We use high speed hardware imagers and writeblockers, resulting in the most efficient collection of the relevant electronic data.
We perform “after hours” or weekend data collection at our regular hourly rates with no additional charges.
The technical nature of cases involving electronically stored information and forensic examinations requires a firm with a sophisticated understanding of the underlying technology, as well as the skills to distill the facts into a clear and complete picture that a court and jury can understand easily. Our thorough reporting, preparation of the necessary affidavits and declaration, and meticulous attention to detail provide our clients with irrefutable facts and the professional testimony necessary to win their cases.
In the case of pending litigation, we evaluate our client’s case, and provide advice on the technical issues involved in the case so that our clients can assess their position and prepare a proper legal strategy. Involving us early in this process, helps to ensure that our clients are armed with the best information and strategy possible. Throughout the litigation process, we work closely, and “in the trenches,” with our clients to keep them continually informed of the progress of our work, adhering to all deadlines, and meeting their litigation needs. Drawing on a depth of technical ability and civil ligation experience, we are in a position to provide our clients with the expertise that that they require to succeed in the arena of electronic discovery.
Ms. Ardisson trained as a Special Master and Mediator at The Sedona Conference Program, “E-Discovery Dispute Resolution for Special Masters & Mediators” and is a Fellow with the Academy of Court Appointed Special Masters, www.courtappointedmasters.org. For more information regarding Ms. Ardisson’s background and credentials, please click here.
bit-x-bit focuses on helping clients prevent data loss incidents and properly manage litigation response needs. Overall, our goals are to assist our clients with managing their environment by better understanding the locations of sensitive information, identifying solutions that provide robust data management and monitoring capabilities, and implementing policies or guidelines to ensure that confidential and proprietary data is protected. bit-x-bit provides global threat intelligence and data loss prevention management by addressing three primary areas:
- Information Protection
- Risk Management
- Incident response
Whether the vulnerability is due to external network attack or insider theft, bit-x-bit has the ability to develop a program that meets its clients' needs.
bit-x-bit is a Relativity Consulting Partner, now providing bit-x-bit clients with kCura’s Relativity, and its world class, feature-rich, hosted re-view platform on-demand to its clients.
- Early case assessment through Relativity Pivot
- Accelerated review through Relativity Analytics (clustering and predictive coding capabilities)
- Customization for increased productivity and case management
- Repeatable and defensible review process through reporting and auditing
Our ESI document review platform, CaseLogistix - owned by Westlaw/Thomson Reuters - is an easy to use, yet powerful, way to review thousands of electronic documents in a case. With the entire ESI collection at your fingertips, simply and efficiently search the documents using keywords or concepts, tag and redact them for production, create chronological and witness-specific document sets for use in depositions, and prepare for trial. For a very reasonable, per day price, clients can use CaseLogistix in our comfortable “Resource and Review Room” in the Frick Building downtown, and have us available to provide advice and answer any technical questions, or clients can log in to CaseLogistix remotely. Our Resource and Review Room, which includes an hour of technical assistance each day, has received rave reviews from our clients!