Counsel are often called upon to help with an internal investigation when a client faces dire circumstances. Pending criminal charges, bankruptcy, or civil litigation are just some of the situations that call for an investigation, which almost always includes forensic collection of digital data. In these circumstances, counsel face two conflicting challenges. On the one hand, the client expects the investigation to move quickly and efficiently. On the other hand, counsel must consider how best to collect and preserve evidence. The tension between these objectives is perhaps nowhere more clear than the field of digital forensic analysis—the extraction and identification of relevant information from digital devices. Forensic analysis takes time, precisely what is lacking in high-stakes investigations. Here is a list of key principles to keep in mind for conducting a sound digital forensic investigation.
Deleted Does Not Mean Destroyed
It is common knowledge that hitting the delete button does not always mean that data is lost forever, although wrongdoers seem routinely to forget. For example, the Deleted Files folder on Microsoft Outlook is almost always backed up on company servers. Even files on a computer that appear to have been permanently deleted may be recoverable with professional file recovery software. But time is of the essence. Company servers maintain back-up tapes for a limited time period and recovery software is most effective if the operating system has not overwritten the old data. Therefore, it is important to make copies from the server and image hard drives as soon as possible.
Do Not Forget ‘Notes’
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
