Recovering Deleted Computer Data for Use in Court
The New York Times ran a story this week reminding us, once again, that digital data can often be recovered and used in court even after someone has tried to delete it. The Times articles gives one example of a contract where the number "1" was allegedly deleted from a written contract - dropping from the agreed "15%" share to a "5%" share. One can often backtrack through these kind of changes. It does, however, require coordination with not only a technical expert, but also a knowledgable litigator to see that the recovery process is proper to stand up in court. Also from the Times article:
Various software programs can be used to overwrite data. One popular product, Evidence Eliminator, draws a red flag in legal circles."I'm still puzzled why someone would use a product of that name," said Michael A. Gold, a senior partner with the law firm Jeffer, Mangels, Butler & Marmaro in Century City, Calif., and a chairman of the firm's Discovery Technology Group. The use of any overwriting software can be detected, tipping off investigators that the person under scrutiny has something to hide.
In other words, if filing or defending a lawsuit appears imminent, bring in a trial lawyer to see that appropriate steps are taken for the courtroom. Otherwise, your best intentions may nonetheless inadvertendly compound a potential problem.