Failure to maintain a complete chain of custody may result in the inadmissibility of electronic information. The discovery process can be complex with a large number of steps, resulting in a long and winding chain of custody. Should the collection be forensic or non-forensic? Do you need a third party to perform and document the process, or can it be done internally with well-considered policies and procedures? The admissibility of ESI will hinge, in part, on laying a proper foundation for the electronic evidence, based on documented, defensible procedures. The following cases represent a selection of decisions relevant to "Chain of Custody" following the 2006 amendments to the Federal Rules of Civil Procedure:

• In re NTL, Inc. Securities Litigation, 2007 U.S. Dist. LEXIS 6198 (S.D.N.Y. Jan. 30, 2007)

How Fios can Help

Fios is experienced at identifying and collecting large quantities of data for legal proceedings, focusing on active, forensic and archival forms of media. In addition to a thorough understanding of the law, our strategists possess business and technical acumen to help you develop the best course of action for each matter. We can help you understand your universe of data and determine exactly what needs to be collected, along with the most cost effective approach. Through the development of repeatable, defensible, documented processes, Fios can help maintain and document a complete chain-of-custody for collected data and ensure accurate and authenticated information.

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