When discovery in litigation involves the inspection of computer systems, setting out reasonable and effective protocols often involves a neutral expert in computer evidence. Working for the court, oftentimes at the direction of a special master, the neutral expert will engage with both parties, and often with computer forensics experts, to craft a reasonable inspection protocol. The challenge is to achieve consensus on the approach to preserving, performing analysis and review, and then producing relevant data. Protecting the producing party’s privacy/privilege while identifying only data that is responsive to the inspection demand must be balanced with the requesting party’s goal of finding all relevant evidence…
