© D.L. Crumbley
Top 10 Risks During Electronic Evidence Discovery in Litigation
Ad hoc caches of backup or miscellaneous information. Most companies have ad hoc stores of information and usually are unsure of whether they contain new or duplicate information. If backup data exists, a corporation has a legal obligation to review the content for relevance.
Insufficient recognition of laptops. Laptop computers can represent a significant proportion of a corporation’s information. In addition to the ongoing risk of loss and theft, laptops typically are ineffective at deleting information. During litigation, “forensic copies” of laptops can be requested to recapture deleted information, adding another layer of complexity and cost.
FTI consulting (www.nysscpa.org/cpajournal/2003/1003/nylny11).