Business Litigation and Digital Footprints

It is nearly impossible for someone to cover their tracks these days. Every person leaves a digital footprint that is traceable even years after the fact. Just as parents and teachers remind their children and students of this reality, lawyers also need to caution their clients of the permanency of the digital footprint, as well as their data preservation obligations.

In business litigation, following a person’s digital footprint is key to obtaining a positive outcome for the client.

Nearly all banking transactions are electronically documented, which makes it easier than it used to be to “follow the money”. In reality, the money trail almost always leads to the bad actor or responsible party.

Similarly, with so much written communication occurring through email or text messages, it is easy to piece together the timeline of events to answer the questions of who knew what, when they knew it, and what they did with that information.

Data preservation, or the lack thereof, often becomes a major battleground in business litigation. Often, the first “shot across the bow” in litigation is a data preservation letter that, if ignored, can result in severe and negative consequences.

Belser Law Firm has the tools and experience to know how to capture and preserve this critical information. If you’re looking for help in a business litigation suit, contact us or call 803.929.0096.

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