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Attorney Brian Chase gives basics on using digital forensics at trial

November 30, 2022 Rob Abruzzese
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The Brooklyn Bar Association recently hosted attorney Brian Chase for a continuing legal education lecture on digital forensics in Brooklyn Heights on Monday, November 21.

The one-hour lecture, titled, “Identification and Preservation of Electronically Stored Information” was free for members so it drew a strong audience, who are forced to keep up with more changing rules than ever in the era of electronically stored information.

“This presentation is particularly helpful for those of you who might be new to dealing with digital evidence in litigation,” Chase said. “If you have dealt with this before you’ll still pick up a few pointers, but this is an intro CLE dealing with digital evidence. We’re going to find evidence, how to find it, types of evidence you can find, and once you find it how do you preserve it for litigation, and we’ll also wrap up with some issues dealing with preservation letters.”

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Indeed, as society becomes further digitized, finding and preserving digital information for trials has become a paramount concern for litigators. Chase examined how digitized paper records, email archives, and the varieties of electronically stored information has exploded in recent years, and he examined strategies for attorneys who are on the search.

Chase’s company, Archer Hall, is a digital forensics and e-discovery company that does work all over the country collecting data from digital sources, analyze it, and are able to testify about it at trial. Chase said the most common places his company pulls data from include cell phones, computers, email accounts, social media accounts, and cloud storage.

Archer Hall has offices in nine cities across the country. Chase, who is licensed to practice law in Arizona and New York, is based out of Tuscon. He worked for approximately 10 years doing personal injury and criminal defense work in Arizona and he has spent the last nine years doing digital forensics work. He has testified as an expert witness more than 30 times. Chase also teaches a trial skills course at University of Arizona Law.

Chase’s presentation from earlier this month, as well as a presentation he gave in May titled, “Admissibility and Use of Digital Evidence at Trial,” are available to watch online. Contact the Brooklyn Bar Association for more details.

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