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Digital Forensics

Digital Evidence Preservation: What Counsel Should Secure First

Early preservation decisions can materially affect the completeness, reliability, and defensibility of digital evidence.

June 2026 · 6 min read

These practical considerations are intended to help teams organize their approach to complex matters. The appropriate strategy will always depend on the facts, governing rules, and advice of qualified counsel.

Key considerations

  1. Identify relevant devices, accounts, repositories, and custodians promptly.
  2. Preserve original data and metadata while documenting collection decisions.
  3. Engage qualified forensic support before actions that could alter or destroy evidence.

This material is provided for general informational purposes only and is not legal, medical, or professional advice.