Sometimes, you’ve just got to “get to the drive.” That means securing forensically qualified duplicates of relevant computer disk drives used by the other side, and having them examined by a qualified expert. Often lumped together, it’s important to consider these tasks independently because each implicates different concerns. When not writing or teaching, I examine computer hard drives voluntarily surrendered by litigants or pried from their fingers by court order. Serving as neutral or court-appointed special master, my task is to unearth ESI bound up with privileged or confidential content – protecting the competing interests of the parties…
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