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Mobile Evidence Litigation Resources

Mobile evidence is won or lost early. Preservation instructions, auto-delete settings, and the selection of a qualified examiner are decided in the opening weeks of a matter — long before the trier of fact sees a single message. These resources are designed to help counsel make those decisions well.

Reference Materials

Templates and checklists for counsel

Each resource is delivered by email as a PDF. Both reflect the same discipline we apply in engagements: preserve first, evaluate carefully, and document everything.

TEMPLATE · PDF

Mobile-Evidence Preservation Letter Template

Courts have shown little patience for parties who fail to preserve mobile data. This template addresses the sources most often lost before counsel intervenes: the devices themselves, ephemeral messaging applications, cloud backups, and auto-delete settings that continue to run while the parties negotiate. Adapt it to the facts and circumstances of each case and send it early.

CHECKLIST · PDF

Evaluating a Mobile Forensics Expert — A Litigator’s Checklist

Not every examiner who can run an extraction tool can defend one. This checklist sets out the questions counsel should ask about a proposed expert’s qualifications, methodology, tools, and testimony history — and, just as important, the answers that should give pause before the expert’s name appears on a report.

These resources are provided for general reference only and do not constitute legal advice. Requesting them does not create an attorney-client, expert, or consulting relationship. The facts and circumstances of each case should be carefully considered with counsel.

The Mobile Evidence Briefing

Analysis of mobile-device evidence issues for litigators — delivered as new articles publish, twice monthly.

Credentials

Expert credentials for your motion papers

Counsel vetting a testifying expert can request the current curriculum vitae (CV), testimony list, and a summary of representative engagements for Daniel B. Garrie, Esq. — Founder, Law & Forensics · Neutral, JAMS · Faculty, Harvard. He has been retained or court-appointed in 100+ disputes involving digital evidence and is recognized by the American Bar Association and the Federal Judiciary as a subject-matter expert on digital evidence. A conflict check precedes any engagement discussion.

Get Expert Help With Mobile Evidence

Mobile evidence in dispute?

From preservation strategy to expert testimony, we interpret mobile evidence in its proper legal context.

Submitting a request does not create an attorney-client, expert, or consulting relationship. Do not send privileged or confidential materials until a conflict check is complete and an engagement agreement is in place.

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