Businesses and law firms increasingly are utilizing computer forensic neutrals to advance the collective interest of all parties in efficient collection, analysis and/or remediation of sensitive data. ELIJAH has extensive experience serving as a forensic neutral, both by agreement of the parties and through court appointments.
One use case for forensic neutrals is to increase litigation efficiency. Rather than multiple parties all retaining their own forensic experts, a jointly retained forensic neutral can reduce overhead and promote efficiency both through providing a mechanism for cost sharing, and by facilitating agreements to reasonable protocols. Parties increasingly are recognizing that not every aspect of a litigation matter needs to be adversarial, and that employing forensic neutrals can streamline the discovery process and reduce needless expense.
Another use case for forensic neutrals is in matters that involve matters of such sensitivity or that are so adversarial that establishing a buffer between the parties’ respective forensic experts is the most reasonable solution to move litigation forward. ELIJAH is adept at implementing instructions from all parties’ experts and counsel, ensuring that measures to safeguard data confidentiality while meeting discovery obligations successfully are facilitated. As a neutral expert, ELIJAH often is able to bring a level of professional detachment to heated disputes, reducing tension and facilitating restoration of eroded trust.
ELIJAH’s computer forensic neutrals can perform a variety of helpful roles in disputes involving electronically stored data, which include:
- Consulting regarding creation of appropriate forensic protocols
- Forensic preservation of electronic storage devices and accounts
- Forensic analysis of active and deleted data
- Facilitating resolution of disputes regarding electronically stored information
- Evaluation of confidential and privileged materials
- Expert reports and testimony