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The Matrimonial StrategistKickerFeaturesSectionsNewsLJN Newsletters

Data Mining

By Scott James Andino
September 27, 2006

Few technological advancements or social movements have impacted matrimonial law as profoundly as the computer/electronic age. Today, litigants have a virtual Pandora's box of incredibly vast yet retrievable information at their fingertips, which all too often remains underutilized or undiscovered. Currently, stored data can be retrieved from joint marital assets such as computers, cell phones or even facsimile devices with memory capabilities. The information stems from usage, whether explicitly 'saved' by the computer operator or not. It can later be deciphered or interpreted by a trained professional and can yield countless bits of information to assist in discovery.

Furthermore, it is extremely difficult to wipe clean or erase hard drives and other comparable data retention devices, a fact which has created a niche for data forensics in the ever expanding and changing contemporary computing environment. Trained professionals can often delve deep into the layers of electronic data contained on a litigant's hard drive or data storage device in a process that is akin to a modern day electronic archeological dig. We, as matrimonial attorneys, can utilize data mining or data forensics to strengthen the knowledge and understanding we have of both our adversary and our clients, thus leading us to the best strategic roadmap or overall plan for success. This two-part article will explore some of the issues involved in data mining.

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