What is “forensics” and what does it have to do with electronic discovery / eDisclosure? Tristan Jenkinson of Navigant is a forensics expert, and he examines the relationship between forensics and the discovery in this short video.
Forensics, Tristan says, is about the investigation of data. It involves looking at information held in and around electronic files, much of which is never seen by the user but which gives information about, for example, the time and place of creation, the user and the device, which may form part of the evidence in a case.
This goes beyond verification of validation of the data itself, important though that is, not least because the metadata may support or contradict the evidence of witnesses. He talks also about “deleted” files and explains that they may still be recoverable.
The subject goes beyond learning more about conventional documents and extends into social media, chat and other new forms of communication.
As Tristan Jenkinson says in closing, it is worth at least knowing that these tools and abilities exist so that lawyers can make a decision as to whether to call upon the expertise of forensics consultant as an adjunct to an electronic discovery / disclosure exercise.