These days, attorneys and in-house legal departments can easily get caught up in the electronic evidence frenzy and lose sight of the basics. And in their rush to embrace the ever-evolving world of electronic evidence, attorneys and in-house legal departments may find themselves expending significant time, resources, and money on digital collection and authentication procedures—measures that often prove entirely unnecessary. Because while there is undoubtedly a unique set of issues associated with electronic evidence, at the end of the day, electronic evidence is still evidence, meaning that many of the challenges perceived as specific to electronic evidence are really no different than the challenges attorneys and courts have tackled for years with respect to old-fashioned physical evidence. Accordingly, the article will provide a summary overview of recommended best practices to address some of the questions associated specifically with electronic evidence, while also advocating an underlying message to remember the basics.
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