Outside Counsel

Crossing With Digital Forensic Evidence

, New York Law Journal

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Benjamin Dynkin and Barry Dynkin write: We live in a truly digital age, where we fill 250,000 Libraries of Congress per day. Naturally, this data has begun to seep into our legal system, but lawyers and litigants have not paid close enough attention to how that data can be used. With a clever forensic technician, an attorney can request access to and analyze a nigh unlimited amount of data, which can be used to impeach a witness's credibility to devastating effect.

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  • Jonathan Cooper

    In your hypothetical cross-examination example, how would the defense lawyers have obtained that fitness tracker information without plaintiff‘s (or his counsel‘s) knowledge - and then surprising plaintiff at trial with it? I could be mistaken, but isn‘t that a hole in your assertion?

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