Prepare for e-Discovery

With state laws governing the capture and securing of evidence ' including electronic data ' the possibility of spoliation is a genuine concern. Not only could evidence subjected to spoliation be inadmissible, but misdemeanor or felony charges could apply to the collector and the contracting party.<br>Identifying electronic evidence, much like in a physical crime scene, starts with drawing increasing concentric circles around the victim or perpetrator. Some care must be taken regarding a company's policies and practices. State and federal law on personal property may be involved if the employee used personal devices legally or illegally in combination with the company's assets, and a warrant or commencement of discovery may be required to access personal property or equipment on private property.

29 minute read October 30, 2006 at 11:22 AM
By
Jason Park
Prepare for e-Discovery

Discovery in general is a process that involves time ' a seeking of destination or a particular item. And in legal discovery, and e-discovery especially, the process begins long before the first-level review.

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