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Latest Blog in The eDiscovery Zone
When IT Tools Meet the Courthouse: The Hidden Dangers of DIY Digital Evidence Preservation (Part 2 of 5)
Cloud dashboards, admin consoles, and third-party data duplication/backup tools have made copying data as easy as clicking “Export.” That same frictionless experience tempts corporate IT staff and others subject to discovery requirements to treat preservation as just another backup job. However, the courtroom is not impressed, nor does the concept of convenience sway it. Judges evaluate digital evidence under the same scientific rigor that governs DNA or ballistics, as dictated by the Daubert reliability test. When a collection utility has never been validated, does not rely upon cryptographic hashes, and keeps no immutable log, its output can be questioned in discovery, handing the opposition a golden opportunity to exclude, impeach, or raise settlement leverage.
This article, the second in our five-part series on the dangers of DIY digital evidence preservation, explains why unvalidated tools shift the admissibility battlefield before a single motion is filed. (Legal Information Institute)
When IT Tools Meet the Courthouse: The Hidden Dangers of DIY Digital Evidence Preservation (Part 1 of 5)
In today’s workplace, the center of gravity for digital evidence has shifted. As cloud collaboration, hybrid work, and mobile productivity become permanent features of business life, corporate IT teams have emerged as de facto custodians of data that may later become evidence. This isn’t inherently problematic—after all, IT teams control the systems that generate, store, and secure that data. However, trouble begins when the electronic discovery, or worse, forensic responsibilities that traditionally fell to certified digital examiners and eDiscovery experts are absorbed into everyday administrative workflows.
In today’s corporate marketplace, the trend is to do more with less, and litigation preparedness and response is no different. When litigation strikes, companies lean on their internal IT professionals, as they do for nearly anything that is technology-related but may have little to do with their primary responsibilities. At the request of their superiors, IT personnel use familiar tools to gather what they believe to be relevant information. Microsoft 365 admins may run a Content Search, download .pst files, and email the results to Legal. A systems engineer might clone a server VM from a nightly backup. A mobile device manager may pull selected files from an employee’s iPhone. From an operational perspective, these actions are logical and efficient. From a legal standpoint, however, they can be catastrophic.
Should Law Firms Conduct Digital Forensics In-House? Weighing Ethics and Efficiency (Part 2 of 2)
As legal cases become more data-driven, law firms are under pressure to deliver forensic results that meet both legal and technical standards. Engaging third-party forensic experts isn’t just a matter of convenience; it is a strategic decision grounded in legal defensibility, fiscal prudence, and evidentiary reliability.
This second part of our series explores how external digital forensic firms can augment legal outcomes by delivering trusted, court-admissible analysis and scalable services tailored to the complexities of modern litigation.
