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  • Casual Articles - Changes to the Federal Rules of Civil Procedure - Computer Forensics and E-Discovery

    Applying the A.I.D.A. Rule Online
    Attention, interest, desire, and action (A.I.D.A.) is a very powerful 4-step formula that can be applied to developing your web site. By getting attention, creating interest, obtaining desire, and getting a call to action, you can create a successful web site.Attention:In order to catch prospects attention you must first get them to visit your web site. This can be accomplished by listing your web site in directories, taking out ads in trade magazines, using banner ads, and writing articles that contain links to your web site that prospects would find helpful in solving their business problems. Your web site must hold the prospects attention at the home page long enough to see what else your site has to offer. This can be accomplished by:Create a very strong headline, one that explains exactly what benefits your product has to offer potential prospects. How abo
    g> start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure 6 Things To Know Before Counseling a Student for a Training Course
    These are few important things as a counselor you should know before you start counseling. Especially the new counselors. Use every one of them, don’t do the mistake of just stop with the Syllabus and brochure to counsel.1. Course Syllabus: “Know Your Product”You should Know your complete course offerings by your Training Institute. You should have a Good brochure of all courses. And you should be prepared with proper presentations for all of them. Which course to offer to what kind of candidates, what are the minimum criteria of educational qualification? Knowing this equips you to present your course in a targeted manner.2. Course fee details:Keep a proper chart of fee details with you so that you don’t have to ask somebody else when asked. This is important when the numbers of courses are many. If you have deferred payment facility like Installments,

    On December 1, 2006, many amendments to the Federal Rules of Civil Procedure went into effect. There are three rules specifically that impact Computer Forensics and E-Discovery which need to be considered when building a case for your client, as well as protecting your client's rights.

    Most companies fail to realize the following two points:

    • Any data that can be compiled into viewable form, whether presented electronically or printed on paper, is potentially within the definition of “document".

    • Electronic documents may be considered obsolete by the business in terms of its current computer infrastructure, but may have archival value and be recoverable to a readable format by specialized forensic techniques.
    FRCP - Rule 26 (LII 2007 ed.)

    With the new law regarding E-Discovery now in place, Rule 26a1 changes are very important.

    At the first sign that litigation is coming, a company must use their Litigation Hold procedures and not wait for the courts to act. The problem is most companies do not have these procedures in place, nor do these companies know that litigation holds must start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure 7 Ways to Avoid Marketing Collateral Damage
    The marketing function in any business has a high expense profile. This is due in large part to the need for an array of marketing materials—known in "marketing speak" as collaterals. The purpose of collaterals—brochures, white papers, newsletters, web sites, and other printed or electronic information—is to increase awareness, recognition, and interest about a company (or particular product or service) in its target market.Service firms must rely almost wholly upon collaterals to attract and interest customers. With no tangible product to see, touch, or try out before buying, these companies need to convey their quality, reliability, and value by proxy—and collaterals play a major role here. Collaterals are "service samples" for potential customers. They represent their companies symbolically through the quality and value of their content, the appeal of their rong>

    • Any data that can be compiled into viewable form, whether presented electronically or printed on paper, is potentially within the definition of “document".

    • Electronic documents may be considered obsolete by the business in terms of its current computer infrastructure, but may have archival value and be recoverable to a readable format by specialized forensic techniques.
    FRCP - Rule 26 (LII 2007 ed.)

    With the new law regarding E-Discovery now in place, Rule 26a1 changes are very important.

    At the first sign that litigation is coming, a company must use their Litigation Hold procedures and not wait for the courts to act. The problem is most companies do not have these procedures in place, nor do these companies know that litigation holds must start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure Try Attaching A Card To The Bag When Packing A Customer's Purchases
    Try attaching a card to the bag when packing a customer’s purchases. Attach one to anything that leaves your store. Florists can put a card into each bunch of flowers. Find ways of incorporating a card into the purchases of your clients. In this way he will remember you better and also might pass it on to other potential clients. This is the best way to start a network of advertising that a third party is helping you achieve. It is amazing where your cards could land up in the end.Your cards will be representing you in places where you cannot go yourself. When you have handed your card to a stranger you can never be sure if he will network with it or just discard it but you will just keep handing them out.Business cards have been around for many decades and will probably be in uses for many years to come. They have never lost their effectiveness in advertisingf its current computer infrastructure, but may have archival value and be recoverable to a readable format by specialized forensic techniques.FRCP - Rule 26 (LII 2007 ed.)

    With the new law regarding E-Discovery now in place, Rule 26a1 changes are very important.

    At the first sign that litigation is coming, a company must use their Litigation Hold procedures and not wait for the courts to act. The problem is most companies do not have these procedures in place, nor do these companies know that litigation holds must start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure Writing Page Content for your Website
    Write for your visitors and not for the search engines. Search engines are a consideration but you want to communicate with the people who arrive on your site. You want to inform them and motivate them to take action. Fortunately text written specifically for your visitors will also be search engine friendly.Inject your personality into your writing and try to connect with your visitors. This connection will make your visitors feel at home on your site. Informal, friendly, conversational language works best. You want your visitors to feel like they belong. Another important thing to remember about writing for the web is that people scan what you write; they don’t read it from start to finish. This is a very important fact. Therefore what your write should be easily read and easily scanned. To help make your site easy to scan:• Employ a easy to understand, at

    At the first sign that litigation is coming, a company must use their Litigation Hold procedures and not wait for the courts to act. The problem is most companies do not have these procedures in place, nor do these companies know that litigation holds must start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure What Is A Lease?
    A lease, by legal definition, is considered to be a contract that allows the use or occupation of property for a specific period of time, with a specified amount of rent. There are different lease types, all with variable conditions and subject to the laws governing each state.Different types of lease:Finance leaseAlso called a financial sale, it allows for the benefits of flexibility as payments are spread out to a period of several years, often the equivalent of the actual cost of the equipment or property.A common misconception is that payments made for a finance lease equals to ownership, but this is not always true. Nevertheless, the lessee does have the option to purchase the property after the lease expires, for a significantly much lower percentage of the actual cost.This kind of lease, however, is not suitable for individuals who wish to g> start this early in the process.

    Of course in order to have Litigation Hold Procedures, a company must have a retention policy and know where the company's data is stored and must be easily accessible.

    Rule 26. General Provisions Governing Discovery; Duty of Disclosure

    Except in categories of proceedings specified in Rule 26(a)(1)(E), or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties:

    (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information;

    (B) a copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment.

    FRCP - Rule 34 (LII 2007 ed.)

    With the new law regarding E-Discovery now in place, Rule 34 identifies new procedures regarding the production of documents and electronic data for litigation.

    Rule 34. Production of Documents and Things and Entry Upon Land for In

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