E-discovery is the discovery of any information stored in electronic files, which deals with trading information in any electronic format, requested for inclusion in a lawsuit. Information complied from e-discovery is later identified as potentially relevant by attorneys. Evidence is there after extracted and analyzed, and then later reviewed using a review system. E-discovery includes many different materials, which is subject but not limited to: email communication, company reports, voicemails, audio and video files, social media, databases, and supplementary file types.
A difficulty employers often faced when e-discovery is requested, can be when companies are unfamiliar with their IT systems. They must hire a team to find or extract relative information, which is usually a costly and time-consuming procedure. An additional difficulty is that files that are originated online have the possibly of being disposed of without proof that they ever existed. Documents can also be altered, making it difficult for a company to defend themselves.
The Arbitration Fairness Act declares no dispute regarding arbitration of an employment, consumer, anti-trust, or civil right dispute be deemed a valid or enforceable pre-dispute arbitration agreement. The act has many arguments against it that increases the number of cases that are filed or even overburden by the courts. The consumer should not have benefits of the law that has been evolved because of the expense it causes. Although this is implied, business should have the ability to use contact laws that would force this result.
Many people believe that the act is necessary because it allows for an opportunity for a case to be ruled fairly and brought before a court of law rather than an arbitrator.
Business ethics are a the codes of conduct and company lays out so it's employees follow a righteous moral compass that's in the same direction as the company's.
(Mallor, Barnes, Bowers, & Langvardt, 2010) Business ethics is when ethical behavior is applied in a business environment, or by a business. There are many situations that can arise in which a person is experiencing an ethical dilemma. They have to choose between standing by their own personal ethical standards or complying with their companies ethical standards. In some instances, some have to choose whether to serve their own personal interests, or the interests of the company.
Business ethics simply can be defined as the application of business values in the business practice of a company (Seawell 2010, p. 2). For a multinational company, business ethics is one of the critical aspects need to be taken into account in business decision-making processes. Failure to give attention on ethics may bring consequences on company’s reputation (Meyer & Jebe 2010, p. 159). The company is expected not only to pursue its own profits but also contributing to the environmental and social welfare of the community where it operates (Svensson & Wood 2008, p. 308).
The decision to monitor e-mail is left to the organization that provides the e-mail service to users. These organizations can range from educational institutions and private corporations, to governments and non-profit organizations. Each of these different types of organizations has a different agenda and goals, not only in general, but also for their members-and more specifically, for their members' e-mail. While educational institutions can provide e-mail facilities to their constituents for the purposes of convenience, employers almost always maintain e-mail facilities for the sole purpose of improving the on-the-job productivity of their employees.
To provide an example of a breach of ethical conduct in the workplace, we may remember the case of a financial manager in a corporation that decided not to pay overtime to some employees. After a deep outside investigation, the company was summoned with thousands of dollars to remedy the payment that was supposed to be paid to all employees who worked more than forty hours per week. Again, it is needed more than just a booklet stating that the company adheres to the code of business ethics. It is needed serious managers that can run the company with the most seriousness as possible. Consequently, any written codes of business ethics, regardless of how well it has been crafted, need people that adhere to its internal content with a serious desire to do the right thing.
The collection of the evidence is a pivotal step in this process because any evidence that can be collected appropriately and that is relevant to the case at hand can be beneficial for law enforcement. In addition to collecting digital evidence some cyber forensics teams may have to conduct traditional forensics so it is good practice to train on these types forensics as well. Teams should begin to collect data or electronic media in the following order: Central Processing Unit, cache and registered content; routing table, process table, and kernel statistics; memory; temporary file systems; hard disk data; remote logged data; data contained on archival media. (Best Practices in Digital Evidence Collection, 2009) Another challenge is collecting on mobile devices because of the constant changing of technology.
Although ADR is an appealing alternative to litigation today, throughout the early history of the United States, courts expressed much hostility toward the idea of enforcing an agreement through any alternative dispute resolution. Throughout the 1900’s, United States courts were reluctant to enforce any agreement to arbitrate an existing or future dispute unless a specific statute...
As aforementioned, this is in part impeded by the increase of storage capacity and time consuming data searches. Several legal factors also play a role in the acquisition of data. Since devices can store data on multiple platforms using cloud-based programs and linked devices, legal rules exist to regulate the investigation into these devices (Huebner et al., 2007). This is new for digital forensic investigations, as data is traditionally stored on a single device. Since cloud data provides the ability to be stored on multiple platforms, evidence is harder to gather due to multiple barriers from laws and regulations.
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
In this case, the employee had the right to assume that he would have privacy because he had an office that needed a key to access it and an employee created password to have access to his computer. This assume privacy was extended to the employee’s personal items held within his office also. Moreover, the company’s computer which the employee created a personal password to access, held privacy documents etc. within it. Furthermore, the employee had the right to assume that he would have privacy but that privacy does not extend to the right to violate the employer’s policy, rules and/or regulations nor violating the laws that protect children from harm.
"Although fully searchable text could, in theory, be retrieved without much metadata in the future, it is hard to imagine how a complex or multimedia digital object that goes into storage of any kind could ever survive, let alone be discovered and used, if it were not accompanied by good metadata" (Abby Smith). Discuss Smith's assertion in the context of the contemporary information environment
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
In the business world there are many fundamental aspects and situations that can lead to several issues. In order to find an optimal and professional solution, business decision makers need to apply moral and ethical standards. And it is at that moment in which business ethics perform its role. Business ethics, which is in charge of examine how companies and individuals should act in business situations, is very essential in order to reach a common agreement and to work within the laws of business and solve an arisen dilemma. Working of the hand of ethical business companies, employees, investors, directors, and even individual officers can be beneficiated and obtain most favorable outcomes.
The aim of this report is to theoretical cover data preservation, examination of digital evidence, tools and techniques for data capture, preservation and examination with a list of recommendations.
The transfer and preservation of Information is a major part of the digital age. People try to control their flow of information and the amount of information websites,organisations and even the government has on them. And even with the various ways of protecting information, there are still issues of privacy, freedom of information and the conflict between the public and private domains on who really owns or governs these information.
Privacy is the condition where someone personal information can not be documented and be used by others (Parent, 1983). Privacy has been and continues to be a significant issue of concern for both current and prospective electronic commerce customers. The foll...