Each litigation matter should consider Cloud Data. More and more data created on smartphones, Windows and Mac computers, and email accounts is stored “in the cloud” (online data storage facilities). Individuals and businesses often sync you will RAW file system their data across devices to access data anytime and anywhere. This means litigators must look beyond specific devices (phones, computers, and email accounts).
When creating a Discovery Protocol and defining evidence is needed (the “data universe”), consider online cloud accounts and online backups. See below to the most common cloud online accounts used by individuals and businesses.
At Howe Law Firm, we provide defensible collection of cloud accounts and cull the data to provide only the information you need. When we do the collection as third-party experts (rather than your client or your law firm staff), it eliminates the risks of self-collection (to avoid sanctions). You never want to put your client or staff on the witness stand to defend the collection practices in a discovery dispute.
When collecting cloud data, consider online backups. Backups are helpful when data has intentionally, or inadvertently, been deleted.
At the “anticipation of litigation,” your client has a duty to preserve evidence. The best practice is notifying the opposing party with a “Preservation Notice” or “Litigation Hold” letter or email. This puts them on notice to preserve potentially relevant information, including online cloud data.
After collection and preservation, we provide Excel and PDF Evidence Reports for quick, easy, and cost-effective legal review of cloud online data and information. We also provide you access to the most important evidence in a timely manner while helping you quickly cull non-responsive items.
At Howe Law Firm, we help you create productions of cloud online data and information as in any other data type (e.g. computer files, emails, and text messages). We provide productions as you like (e.g. native file format) and Privilege Logs.
If your case involves an individual (e.g. Family Law or Employment Law), in addition to collecting electronically stored information (ESI) from the mobile phone, Windows or Mac computer, and email account, consider the following cloud online data storage providers:
- Google Drive
- Microsoft OneDrive
- Amazon Drive
If your case involves a business (e.g. business litigation, intellectual property, employment claim, partnership and shareholder litigation, and products liability), in addition to collecting electronically stored information (ESI) from mobile phones, servers, Windows or Mac computers, and email accounts, consider the following cloud online data storage providers: