Digital Evidence Preservation for Counsel

Digital evidence preservation and forensic data acquisition for insurance disputes, litigation holds, SIU matters, and employee departures.

Digital evidence can change or become unavailable while a matter is still developing. Preservation may therefore need to begin before decisions about claim handling, coverage, investigation, or litigation are made.

Common Preservation Needs

Insurance disputes

Preservation of devices, accounts, communications, and system records before access changes, device turnover, or deletion.

Litigation holds

Preservation of devices, accounts, and system records before retention periods expire or devices are returned, reassigned, retired, or wiped.

SIU

Preservation of account activity records, communications, device data, and access records in matters involving disputed activity, record manipulation, unauthorized access, or potential account or system compromise.

Employee departures

Preservation of devices, email, cloud data, and system records before access termination or device return, reassignment, replacement, or wiping.

Scope, Authority, and Timing

Written intake confirms the primary contact, sources, approved scope, timing constraints, transfer and return arrangements, and expected deliverables.

Authority and approved scope

The client identifies custodians and approves the sources, scope, and expected deliverables in writing. Authorization for access is confirmed before preservation or acquisition begins.

Related sources

Related sources may include linked backups, synchronized accounts, shared repositories, system logs, and removable media.

Timing and source availability

Stated deadlines, retention limits, access changes, deletion, and device return or turnover dates may affect preservation timing.

Transfer, return, and delivery

Transfer arrangements, return timing, delivery destination, and expected deliverables are confirmed in writing.

Preservation need not await retention of downstream counsel or experts.

Matter Documentation

Intake summary

Primary contact, custodians, sources, approved scope, preservation deadlines, and expected deliverables.

Preservation log

Sources preserved, preservation dates, and methods used.

Custody, transfer, and delivery records

Records document receipt and transfer of original devices or media, their return, and delivery of the preserved material.

Verification record

Integrity verification method, result, and any observed technical limitations.