Scott Carlson Quoted in the Associated Press (picked-up by over 70 media outlets to date)
"Electronic Evidence Specialist Learns the Hard Way About the Pitfalls of Digital Searches"

Scott Carlson was quoted in the February 14, 2009 Associated Press article, "Electronic Evidence Specialist Learns the Hard Way About the Pitfalls of Digital Searches." The article has been picked-up by over 70 media outlets to date. The article discussed how an electronic evidence specialist was accused of hiding its own internal digital search and that this case demonstrates how complicated electronic evidence searches can be, even for a specialist. The rapid increase of digital information on hard drives and backup tapes has made discovery, the exchange of information between parties at the start of lawsuit, very complex. According to the article, "e-discovery" software and services boomed from a $40 million business in 1999 to nearly $2.8 billion in 2007.

In the case discussed in the article, the company in question said it did all that was required and executives argued that they were not legally required to search backup tapes given the expense of reading them. The article noted that some experts not involved with the case said there is support for the company's argument about the backup tapes. Under federal rules, all electronically stored information is potentially discoverable, but the rules distinguish between "reasonably accessible" files and ones that are too expensive to tackle, at least in initial e-discovery. Scott agreed and explained that backup tapes often count as overly burdensome.