When Fake Electronic Evidence Is Used in Court

With the digital realm increasingly shaping both our personal and professional lives, the rise of electronic evidence in legal cases was inevitable. But as technology advances, so do the methods for creating fake digital evidence, posing significant challenges for courts.

An efficient and cooperative discovery stage can have a huge impact on the smooth progression of a legal case. As the examination of increasingly vast quantities of electronic documents becomes commonplace, an effective and dependable approach to this important element of modern litigation is essential.

Companies must ensure they are in total compliance with data preservation requirements—and with the growing amounts of ESI generated, it is increasingly common for litigation to require access to evidence stored digitally. So what can legal teams do to ensure that crucial data is placed on legal hold and not disposed of?

If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot evidence are highlighted by courts. But what exactly is a JSON file? And why are so many legal professionals absolutely frustrated with this format?

Traditional discovery is the initial phase of litigation when all parties are required to provide records and evidence relevant to a specific case. However, thanks to the explosion of electronically stored information (ESI), discovery must now work alongside eDiscovery—a process that involves the identification, preservation, collection, retention, and review of data in an electronic format. This makes the discovery exponentially larger and more complex.

Ransomware attacks are on the rise, but sophisticated dark web forensics and tools are helping investigators to transform the dark web from a murky and lawless online environment, into a treasure trove of evidence and information. In the 1900s, organised crime was personified by Al Capone, Frank Costello and John Gotti — infamous names that are still known today, even though they operated in a limited geographical area.

Businesses generate documentation and data at a rapid pace, both on and offline. Industries like banking and the financial sector regularly manage thousands of different types of documents. Keeping up with this cumulative documentation can be difficult and costly. A digitized, paperless business can mean an increasing organization, work efficiency and more accurate data.

Pagefreezer partnered with the Association of Corporate Counsel (ACC) to create a report that examines how in-house legal teams are dealing with modern data sources. The report, called the Collecting Online Data for eDiscovery & Litigation Readiness Report, surveyed 211 in-house counsels across 23 industries and 22 countries.

Team collaboration tools are here to stay – and we can reasonably expect their use to increase for years to come. Whether seeking smoother project management or better communication, companies can now choose from an ever-expanding range of platform options.

Chain of custody, in a legal context, can refer to both physical and electronic evidence. With the huge increase in the leverage of the latter within litigation cases, today, chain of custody is a key requirement of any eDiscovery process.