ESI Searches: Getting to the Drive

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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