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How can businesses protect electronic evidence in litigation?

On Behalf of | Oct 21, 2024 | Commercial Litigation |

Preserving electronic evidence plays a crucial role in commercial litigation. Mishandling or losing important data leads to legal problems or weakens a case. Knowing how to handle electronic evidence properly helps businesses avoid these issues.

Use a legal hold

A legal hold stops employees from altering or deleting important electronic data once litigation becomes likely. Companies must instruct employees to keep all relevant information. The IT department also needs to secure all data, including emails and files.

Find all possible sources of evidence

Businesses store data in many places, such as local servers, cloud storage, and employee devices. Identifying all data sources ensures nothing gets overlooked. This process includes checking emails, messaging apps, and third-party platforms where important information might reside.

Collect data properly

Businesses must collect electronic evidence without corrupting it. Forensic professionals can help gather data in a way that maintains its integrity and keeps it usable in court. Improper handling makes evidence unusable, so businesses should rely on professionals to collect data.

Prevent data spoliation

Spoliation means destroying or altering evidence. Courts impose severe penalties for spoliation, such as fines or negative judgments. Businesses must keep electronic evidence unchanged during preservation. Pause routine IT practices, like automatic data deletion, when litigation becomes likely.

Keep a clear chain of custody

Maintaining a clear chain of custody for electronic evidence is crucial. Track who accessed the evidence and when to ensure it remains reliable. Proper documentation shows the evidence’s integrity and reduces the risk of challenges to its reliability in court.

By following these key steps, businesses can manage the challenges of preserving electronic evidence and strengthen their position in commercial litigation. Proper preservation can make a significant difference in achieving a successful outcome.