Electronic Discovery

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Preservation of Challenging ESI

In the most vague terminology imaginable, preservation and production of Electronically Stored Information (ESI) is often requested during the discovery phase of litigation, yet there are many forms of ESI.

Some devices are readily accessible, and the cost of preserving ESI is relatively inexpensive, such as the data in files, whether overtly stored or hidden, on a single personal computer.

But other devices present greater challenges for ESI preservation. For example, personal digital assistants (PDA’s) contain a variety of applications and associated metadata. Backup tapes and servers can contain an incredibly enormous amount of data, much of which may be irrelevant to your case.

The “Cloud” (Internet-based storage) is only recently gaining favor as a storage medium for many businesses and consumers; this type of storage presents unique challenges (for instance, a third-party generally owns and retains custody of the computers that house the relevant data, some of which may not be available to the entity served with the discovery order). Cellular phones are now capable of containing call logs, voicemail, text messages, instant messages, E-mail, photos, video and GPS data. These present unique challenges because each phone (with an almost endless variety of models, manufacturers and software versions) requires unique hardware and software to preserve and produce the relevant data.

Our experienced examiners can help determine the most cost-effective manner of preserving the data on any and all devices relevant to your case.

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