As the use of mobile devices and other communication sources continue to expand into every aspect of daily life, uncovering the truth within the information from these sources can significantly impact the ability to prosecute or defend a criminal or civil case, including Federal cases.

Attorneys are often unaware of the types of artifacts that can be forensically recovered from a custodian's digital footprint. This session explores the evidence that often lies beneath the surface, how to defensibly collect that evidence, and what forensic analysis of that evidence can tell you about your case. Topics to be discussed include:

• What forensic analysis can tell you about deleted and other data
• How to collect that data in a manner that will satisfy authentication standards under rules of evidence
• How a lawyer’s ethical duty of technical competence can be met with increased knowledge of these subjects
• The limitations of forensically collecting various evidence types, including recovery of deleted evidence
• Examples where digital forensics has creatively helped in the prosecution and defense of cases