Robert Brown; Senior Director, Litigation Consulting at First Advantage
Preparing for e-discovery requires isolating specific data using a process that will withstand legal scrutiny. With virtually all communication and business processes captured on digital media, computer forensics can become critical to locating and interpreting the electronic evidence. The e-discovery strategy may require compliance with jurisdictional and/or international privacy regulations restricting the movement of, or access to, personal data. Ensuring that all legal and investigative team members, including client’s in-house counsel and information technology staff, understand and adhere to the established protocols will be key to defending the methodologies employed. Additionally, the future of any legal action is rarely predictable, therefore the parties must consider continuing obligations when determining how to manage and preserve data.