Finding An E-Discovery Smoking Gun

In e-discovery, you never know where you’re going to find the proverbial smoking gun. It could be in a smartphone app, a cloud-hosted third-party service or a long-forgotten thumb drive. An article in Today’s General Counsel look at some creative approaches to finding crucial information in some of the less-obvious places. These examples illustrate the importance of “closing the loop” on potential data sources through witness interviews, by examining de facto company practices, whether authorized or not, as well as the individual work habits of potential witnesses, to craft “a robust, defensible, and cost-effective strategy.”