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Exploring Together                                                                       

Domain:  Legal

Len Deutchman came to LDiscovery after twenty years as a prosecutor in the Philadelphia District Attorney’s Office, the last seven as Chief of the Economic Crime Unit, which he expanded to become the Economic & Cyber Crime Unit; that expansion entailed construction of a computer forensics laboratory and the training of over a dozen detectives and prosecutors. He has investigated and prosecuted virtually every kind of economic and computer crime as both an Assistant District Attorney and a specially appointed Assistant United States Attorney. He is one of the country’s most sought-after teachers of investigators of computer crime and fraud, having helped to design, as well as having taught, several courses for the National and Pennsylvania District Attorney’s Associations, IACIS, and others. He has also investigated and prosecuted numerous cases of trademark counterfeiting, particularly in the area of DVD and CD “piracy,” and has lectured on the subject as well. Along with LDiscovery’s Brian Wolfinger, he has created, and teaches, a Computer Forensics curriculum for Chestnut Hill College in Philadelphia. He has also authored dozens of pieces of legislation, dealing with economic crime, computer crime, electronic surveillance and other areas and, as the resident expert in these areas, routinely reviews and revises them on behalf of law enforcement before enactment. He authors the monthly column on digital forensics and electronic discovery, “GeekSpeak,” in the Pennsylvania Law Weekly. Mr. Deutchman is a 1985 Graduate of Rutgers-Newark School of Law. He graduated from the University of Pennsylvania Phi Beta Kappa, summa cum laude, and pursued his doctorate at the University of California Berkeley before attending law school.

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Domain Description:


The Legal Domain of Knowledge for ASDFED members includes all areas of knowledge important to digital forensic examiners, investigators, litigation support professionals and legal professionals in both the criminal and civil arena. Those areas include: 1) the legal requirements for law enforcement and civil litigants to obtain electronically stored information from Internet Service Providers or other third parties, which requirements derive from the reasonable expectation of privacy that users may derive from state and federal constitutions and statutes;  2) issues arising from the search and seizure of electronic media by law enforcement, including but not limited to: a) whether all media that may be searched pursuant to a warrant may first be seized and brought to a lab environment to be searched regardless of whether there is particularized probably cause to support the seizure at the time of the seizure; and, b) whether media may be searched incident to arrest; 3) authority under federal and state rules for a party in civil litigation to search the electronic media of its opponent or belonging to a third party; 4) the legal issues pertaining to preservation, collection, processing, review and production of electronic discovery, including but not limited to: a) how to preserve so as to avoid claims of spoliation; b) collection as it pertains to the preservation and production of metadata; c) the legal requirement to produce metadata; d) the defensibility of collection and search methodologies under F.R.E. 702, Daubert and Frye; and, e) the legal requirements pertaining to form of production. Practitioners who understand the legal issues that arise in the search and production of electronic evidence in criminal and civil contexts will certainly have a leg up when approaching a criminal investigation or prosecution, advising a civil client or seeking or producing e-discovery for that client. Investigators, analysts and litigation support professionals who understand these legal issues in addition to the technical materials they must know to do their jobs prove themselves invaluable to their organizations. 
 
 
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