Electronically stored information (ESI) continues to take center
stage in all types of litigation, from bankruptcy to tort. Author
Keenen Milner discusses the critical role computer forensics
experts play in collecting and preserving digital evidence.
Over the past decade or so, attorneys have come to realize that
some of the most valuable evidence is found not in filing cabinets
but on computers and servers. The 2006 amendments to the Federal
Rules of Civil Procedure, which expressly made ESI subject to
discovery, also reflect the growing role of digital data. Even when
vital evidence might appear in hard copies, many attorneys have
found it much more efficient and economical to scan those copies
for review by computer-based tools than to rely on manual review.
But ESI can be vulnerable to alteration and manipulation, making
careful preservation essential.
