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Authenticating Electronic Evidence: From Collection to Production

By David Chaumette and Brad Harris
April 27, 2006

In today's highly litigious society, the great deal of electronically stored information (ESI) flying around can complicate the resolution of disputes. Depending on the industry and the individual, electronic documents may exist on home computers, laptops, PDAs, voice-mail systems and flash drives, as well as on corporate-based servers, archiving systems and network share drives. Yet, many companies wait until litigation begins, or even later, to consider electronic data and preservation issues. This can result in greater expense and a higher risk of mistakes. For example, if documents are missed or if the wrong documents are turned over to the requesting party, a company can expose itself to spoliation fines or worse ' unknowingly reveal the potential 'smoking guns.'

Authentication is Key

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