One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls).
Business records aren’t just text documents—they often include videos and other images that are digitally stored. Getting printouts of these images into evidence is just like any other business record evidence, but showing authenticity may require some tech knowledge.
Several years ago we told you to consider Facebook postings as evidence in legal cases. This is still true, but now there are many more social media platforms to consider. Snapchat in particular has become a fertile source of evidence not to be overlooked.
When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively.
Updated 8/17/15: Companies are increasingly turning to automated hold processes to make a legal hold smoother and more legally defensible.
Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data.