The ever-growing and pervasive nature of electronically stored information (ESI) in today’s society is transforming civil litigation. Now the e-discovery process and the necessary computer forensics involved can play major roles in determining whether or not a plaintiff has just grounds on which to sue, or a defendant has grounds for dismissal. In business litigation, recovering, restoring and reviewing all potentially relevant ESI is critical to establishing the claims and defenses of the parties.
Efficient and accurate e-discovery practices became even more essential in late 2006 with amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronic discovery, placing the burden on the litigants and their lawyers to take advantage of the technological advancements in the discovery of ESI. Responding to this market development, Susan Ardisson and Scott Ardisson founded bit-x-bit, LLC in February 2007 to provide e-discovery and computer forensic consulting services to law firms and their clients in Pennsylvania.
“Many of the 2006 amendments to the FRCP codified existing case law and set the current parameters on how electronic information is to be collected and used in litigation,” Susan Ardisson, Esq., CEO of bit-x-bit, explained. “One of the unique features of the amendments is the requirement that attorneys meet and confer about electronic discovery. And to do this effectively, lawyers must have an understanding of the technical challenges.”
This brother/sister pair makes for a perfect team in the rapidly growing field of e-discovery services. Scott, a former GS-13 Computer Specialist and security analyst with the U.S. Department of Transportation, is the company’s Chief Forensic Investigator and President. Susan, the firm’s legal counsel and Chief Executive Officer, practiced business litigation in San Francisco for eight years.
“bit-x-bit got its start during a kitchen table conversation with my husband in November 2006,” Susan Ardisson said. “As a business litigator, he understood the impact the FRCP amendments were going to have on the fields of e-discovery and computer forensics. Knowing the unique nature of our skill sets, he suggested that we start a company in Pittsburgh that would provide these services to law firms and other organizations in need of them.”
“Our combined professional experience is one of the biggest reasons why our company is succeeding (even in this difficult economy),” she continued. “My understanding of the civil litigation process and Scott’s depth of technical ability is great combination. We are both completely dependent upon each other in serving the needs of our clients and the successful operation of the company.”
Over the last two years, bit-x-bit’s client list has consistently grown. A main factor in the startup’s success is the company’s exclusive endorsement from the Allegheny County Bar Association (ACBA), which it received in April 2008.
“Going in to this marketplace, I understood the value of the bar to the legal community in Pittsburgh, having worked for the Bar Association of San Francisco many years ago,” Ardisson said. “With the exclusive endorsement to provide computer forensic and e-discovery services, ACBA members often tell us it’s just like the Good Housekeeping seal of approval.’”
In addition to the ACBA’s endorsement, bit-x-bit has received significant support from the Pittsburgh Central Keystone Innovative Zone (PCKIZ) program in the form of student interns and grant funds. KIZ is a state initiative that supports the development of technology-based businesses in certain designated geographical areas. As a “KIZ” company, located in downtown Pittsburgh, bit-x-bit enjoys the support of major KIZ sponsors such as Duquesne University. “We are very appreciative of KIZ and Duquesne University’s backing and encouragement,” Susan Ardisson asserted.
bit-x-bit is in an enviable position in terms of future growth potential as the current demand for e-discovery and computer forensic services is just the tip of the iceberg. With the exponential growth of ESI, lawyers and corporations are forced to navigate in litigation, the startup’s expertise is essential to any civil proceeding.
“E-discovery and computer forensics are areas that are rapidly growing. Now more than ever, lawyers and their clients need the services we offer. The volume of electronic data in existence is exploding, which greatly impacts the practice of law today. Just two years ago, 100 gigabytes of data was considered a large amount of data for collection in a case. Today we collect terabytes of data – so much information that it is overwhelming. Paring that down to what is relevant to a case is invaluable to lawyers and their clients,” Scott Ardisson said.
Another growth area for bit-x-bit is the forensic investigation of employee theft of trade secret information. Copying confidential company information to a thumb drive or emailing trade secrets to a personal Gmail account leave “digital footprints” that can be revealed by forensic examination. “Once we find the evidence, these cases tend to settle very quickly, often at the preliminary injunction phase. The evidence of culpability is quite frankly unassailable,” notes Susan Ardisson.
For more information on bit-x-bit and its services, visit www.bit-x-bit.com.
