If I were an e-discovery tech assigned to the FTX case, there is a checklist of items that I would make sure were accounted for in the discovery requests. Firstly, communications data needs to be addressed. This would include the email, phone, and social media correspondence of all of the players involved, which looks like quite a list of celebrities and executives. If there is wrongdoing, most likely they talked about it somewhere. Next, you need to make sure to address the financial records of not only the corporations involved, including FTX and Alameda Research, but also the personal financial records of the individuals involved. Of course, some of this information may be protected, but as much as possible would help the case.

In a large, mess of a case such as this, organization is key. When collecting this massive amount of data, it is important to keep it all straight, and if multiple people are working on the same case, clear communication and labeling procedures must be followed so everyone is on the same page. Another helpful area of focus might be to look into relevant cases (such as the Voyager scandal recently) and see how they handled the e-discovery, what went well (do that again), what could have been improved (improve on that in this case).

To preserve the data and mitigate data deletion or loss, sending e-discovery requests as soon as possible to help prevent spoliation is crucial. If they delete the data "in good faith" operations before a request is supplied, it is much harder to prove bad faith than if they have request for the data and then delete it. A live acquisition may be necessary if the organization is still in operation., and in this case it is even more crucial to focus on the metadata timestamps as the data will potentially be updated, changed, deleted, or added to after your acquisition due to the live environment. In this case, while FTX is being shut down, it is still currently at least partially operational, with withdrawals still being active, so the potential of data change is high, however due to most operations shut down, the acquisition should still be quite accurate.

Question:

What do you think agree or disagree with this case?why?

What is the recommendations?