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Contract analysis / chain-of-custody-certification.docx
chain-of-custody-certification.docx
1017-00005 · 16 clauses
High · 1 Medium · 5 Standard · 0
1. Introduction and Purpose Medium
⚑ Forum / governing law
1. Introduction and Purpose Linden Forensics Group Inc. ("Linden Forensics" or the "Firm") was retained by Calderwood & Harkness LLP ("C&H") pursuant to an engagement letter dated May 8, 2023 (the "Engagement Letter") to perform forensic collection, preservation, and processing of electronically stored information ("ESI") from identified custodians at Aurelius Pacific Studios Inc. ("APS"), a Delaware corporation head
2. Scope of Collection Medium
⚑ Liability cap to check against exposure
2. Scope of Collection 2.1 Custodians. C&H identified nine (9) custodians for forensic data collection, as set forth in the Forensic Collection Protocol dated May 8, 2023. The following five (5) custodians are identified by name and title in this Certification: Four (4) additional custodians (Custodians 6 through 9) are Senior Vice President–level witnesses whose full names, titles, and individual data source specifi
3. Collection Methodology Medium
⚑ Forum / governing law
3. Collection Methodology 3.1 On-Site and Remote Collection Procedures The forensic collection was conducted on-site at APS corporate headquarters, located at 3200 West Alameda Avenue, Suite 400, Burbank, California 91505, during the three-day Collection Period of May 10 through May 12, 2023. Linden Forensics deployed a team of four (4) certified forensic examiners to the APS facility, led by the Engagement Manager a
4. Processing and De-Duplication
4. Processing and De-Duplication 4.1 Volume Metrics — Pre-Processing Upon completion of the forensic collection for all nine (9) custodians across all identified data sources, the total volume of documents, communications, and files collected was approximately 847,000 items. This pre-processing figure includes all emails, email attachments, Meridian Solutions messages, text messages (SMS/Westmark Software), calendar
5. Secure Transfer and Storage High
⚑ Non-compete / exclusivity restraint
5. Secure Transfer and Storage The processed and filtered data set of approximately 38,600 items was transferred to C&H's designated secure hosted document review platform on May 12, 2023. The transfer was conducted via encrypted file transfer using AES-256 encryption, ensuring the security and confidentiality of the data both in transit and at rest. The following security measures were implemented in connection with
6. Chain of Custody Log Summary
6. Chain of Custody Log Summary A detailed chain of custody log has been maintained for all physical and digital evidence from the initial point of collection through transfer of the processed data to C&H's review platform. The chain of custody log constitutes a contemporaneous, written record of every custody event affecting the collected evidence, and is designed to establish an unbroken chain of custody sufficient
7. Personnel Involved Medium
⚑ Confidentiality undertaking
7. Personnel Involved The following Linden Forensics personnel performed or supervised the forensic collection, processing, and data transfer activities described in this Certification: All personnel identified above hold current, active certifications in the relevant fields of digital forensics, mobile device forensics, and/or electronic discovery, as indicated. Certification credentials are maintained in personnel
8. Exceptions and Observations Medium
⚑ Liability cap to check against exposure
8. Exceptions and Observations Linden Forensics is required, under its standard operating procedures and the terms of the Engagement Letter, to document and disclose any exceptions, anomalies, or deviations from the Forensic Collection Protocol encountered during the collection, processing, or transfer of ESI. The following exceptions and observations are noted: No Material Exceptions. Linden Forensics confirms that
9. Certification Statement
9. Certification Statement Linden Forensics Group Inc., by and through the undersigned Engagement Manager, hereby formally certifies as follows:
1. The forensic collection described in this Certification was conducted in strict accorda
1. The forensic collection described in this Certification was conducted in strict accordance with the Forensic Collection Protocol provided by Calderwood & Harkness LLP, dated May 8, 2023, including the scope, custodian identification, data source specifications, date range, and search-term parameters set forth therein.
2. All electronically stored information was collected using forensically sound, defensibl
2. All electronically stored information was collected using forensically sound, defensible methodology, including the use of write-blocked imaging technology, bit-for-bit forensic imaging (where applicable), logical acquisitions, and industry-standard mobile device forensic extraction tools. The collection methodology adheres to generally accepted forensic standards and best practices, as described in Section 3.4 of
3. SHA-256 cryptographic hash values were computed for all collected data at the point of
3. SHA-256 cryptographic hash values were computed for all collected data at the point of acquisition and were verified post-transfer to Calderwood & Harkness LLP's designated secure hosted review platform. In all instances, the post-transfer hash values matched the original acquisition-time hash values, confirming the integrity and authenticity of all collected data. No alterations, additions, deletions, or unauthor
4. The chain of custody for all physical and digital evidence was maintained at all times,
4. The chain of custody for all physical and digital evidence was maintained at all times, from the initial point of collection at APS headquarters on May 10, 2023 through the secure transfer of the filtered data set to Calderwood & Harkness LLP's review platform on May 12, 2023, and continuing through the ongoing secure storage of original forensic images at Linden Forensics' evidence storage facility. The chain of
5. A total of approximately 847,000 documents, communications, and files were collected ac
5. A total of approximately 847,000 documents, communications, and files were collected across all nine (9) identified custodians and all identified data sources. Following industry-standard de-duplication, the data set was reduced to approximately 214,000 unique items. After application of the search-term and date-range filters specified in the Forensic Collection Protocol, approximately 38,600 items were identified
6. All work described in this Certification was performed by Linden Forensics Group Inc. i
6. All work described in this Certification was performed by Linden Forensics Group Inc. in its capacity as agent of counsel, at the direction of and under the supervision of Calderwood & Harkness LLP, in connection with privileged legal services rendered to Aurelius Global Media Group PLC. All data, work product, forensic images, logs, and documentation generated in connection with this engagement are protected by t
10. Signature block
10. Signature block LINDEN FORENSICS GROUP INC. By: ________ Name: Nathaniel R. Park Title: Engagement Manager Date: May 12, 2023 Linden Forensics Group Inc. 201 Mission Street, Suite 1400 San Francisco, CA 94105 Telephone: (415) 555-0172 Email: npark@lindenforensics.com Exhibits The following exhibits are referenced in this Certification and are appended hereto. Exhibits A through D are incorporated by reference and