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Most lawyers have probably never heard of “chip off,” but it is a digital data extraction technique that is well known to data forensics professionals and frequently used to try to recover data from devices that have been damaged. Chip-off involves physically removing a memory chip from a circuit board, knowing that it is unlikely that the chip will be able to be re-installed and the device returned to its original state. Join Gail Gottehrer of the Law Office of Gail Gottehrer LLC, Ronald J. Hedges of Dentons US LLP and Steve Watson, CEO at VTO Labs, as they discuss:
- How a chip-off extraction is done
- Situations in which this option should be considered
- Cases in which this technique has been used and the results
- Potential evidentiary and chain of custody considerations
- Implications for discovery – is this spoliation of evidence? If so, is it sanctionable? Can data recovered be used as evidence? Does that vary between civil and criminal proceedings?