Electronic Evidence as the Smoking Gun

Written by Henry J. Fasthoff, IV


Continued from page 1

For purposes of this notice, “Electronic Data” shall include, but not be limited to, all text files (including word processing documents), spread sheets, e-mail files and information concerning e-mail (including logs of e-mail history and usage, header information and “deleted” files), Internet history files and preferences, graphical image format (“GIF”) files, all other graphical format images, data bases, calendar and scheduling information, computer system activity logs, and all file fragments and backup files containing Electronic Data.

1. Please preserve and retain all Electronic Data generated or received byrepparttar following persons:

John Doe, CEO

Mary Smith, CFO

Bill Brown, COO

2. Please preserve and retain all Electronic Data containing any information aboutrepparttar 119267 following subjects:

Emails sent to or received from any employee or representative of ABC Company, DEF Company, or XYZ Company.

3. You must refrain from operating (or removing or altering fixed or external drives and media attached thereto) standalone personal computers, network workstations, notebook and/or laptop computers operated byrepparttar 119268 following persons:

John Doe, CEO

Mary Smith, CFO

Bill Brown, COO

4. You must retain and preserve all backup tapes or other storage media, whether on-line or off-line, and refrain from overwriting or deleting information contained thereon, which may contain Electronic Data identified in paragraphs 2 through 4.

In order to alleviate any burden upon you, we are prepared to immediately enlistrepparttar 119269 services of a computer forensic expert to image and examine all drives and media in your custody and control which may contain Electronic Data relevant to this matter. If you enlist your own computer forensics expert to generate evidentiary images of all electronic evidence identified above, demand is made that such expert utilize industry standard computer forensic software in order to facilitate and enablerepparttar 119270 processing and exchange of such evidence in this matter.

Should your company receive a letter like this, you should take it extremely seriously. Continuing to use any computers or other devices identified in such a letter will result in data being overwritten, whichrepparttar 119271 courts would interpret as destruction of evidence. Destroying evidence can not only result in serious sanctions againstrepparttar 119272 company or individual inrepparttar 119273 case at hand, as we saw duringrepparttar 119274 Enron mess it can also result in criminal prosecution.

Mr. Fasthoff is a commercial litigation attorney by day, and an entrepreneur in the marketing field by night. He represents corporate clients and individuals in the fields of commercial litigation; entertainment litigation; intellectual property litigation; arts law; technology law; and a wide variety of other business litigation matters.


Legal Considerations for Raising Capital

Written by Henry J. Fasthoff, IV


Continued from page 1

• Have your attorney explain in writingrepparttar potential personal liabilities ofrepparttar 119266 company’s officers and directors ifrepparttar 119267 company violates any federal or state securities laws in raising capital. Potential penalties can be very serious, ranging from civil fines to jail time;

• Make sure that your written investment prospectus contains all required state and federal disclosure language inrepparttar 119268 appropriate places;

• Your attorney should reviewrepparttar 119269 business plan and financial statements for possible untrue and/or misleading statements; and

• Obtain a written opinion from your attorney whether your particular investment opportunity is required to be registered withrepparttar 119270 appropriate regulatory agencies.

Mr. Fasthoff is a commercial litigation attorney by day, and an entrepreneur in the marketing field by night. He represents corporate clients and individuals in the fields of commercial litigation; entertainment litigation; intellectual property litigation; arts law; technology law; and a wide variety of other business litigation matters.


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