Data365 Evidence
structured technical review (when separately retained) Preservation & media assessment Evidence Handling
Boston-based, serving clients nationwide by appointment
Clarity for legally sensitive matters

Evidence Preservation vs. Forensic Analysis
Two distinct phases with different purposes

Digital evidence is frequently altered, overwritten, or lost before any forensic review occurs. Understanding the difference between preservation and analysis helps protect information early while maintaining clear, defensible boundaries.

Two phases of digital-evidence handling

Evidence preservation

Early-stage handling designed to protect and document data within defined authorization and scope—so it remains available for later legal review or independent expert analysis.

  • Prevent alteration, deletion, or overwrite
  • Read-only, defensible acquisition where appropriate
  • Chain-of-custody style handling documentation
  • Delivery for downstream legal or forensic review

Forensic analysis

A separate, later phase that may involve interpretation of artifacts, reconstruction of events, and formation of expert opinions (including testimony) where required.

  • Interpretation and reconstruction
  • Timeline and activity analysis
  • Expert opinions and reporting when retained
  • Case-specific conclusions

Why the distinction matters

Preservation is about integrity and traceability—not argument or interpretation. Clear separation helps maintain neutrality, reduce spoliation risk, and preserve flexibility for later expert involvement.

For attorneys

  • Stronger defensibility in discovery
  • Reduced spoliation exposure
  • Clear evidentiary traceability

For insurers & compliance teams

  • Controlled handling during early fact development
  • Integrity artifacts for downstream review
  • Documented scope and authorization

How Data365 supports preservation

Data365 Evidence focuses on preservation-first work: defined scope, defensible acquisition, and documentation artifacts supporting integrity and traceability.

  • Defined authorization and written scope before handling begins
  • Read-only, defensible capture to reduce risk of alteration or loss
  • Chain-of-custody discipline with contemporaneous handling records
  • Verification artifacts (e.g., hashes) where appropriate to scope
  • Secure transfer and delivery for downstream legal or forensic review

Next step

If you have potentially relevant digital information, early preservation and documentation helps protect it while maintaining clear professional boundaries for later analysis.

Boston-based. Nationwide by appointment. Remote intake available; on-site work based on scope and logistics.

Related topic

Common Evidence Handling Mistakes in Early Litigation