by Steve Burgess | Nov 2, 2026 | Attorneuys, Cyber Investigations, Evidence Preservation, Expert Witness Insights, Forensic stories, Litigation Support, Tech
“They took the client files. So I guess the privilege is gone too, right? Great.” Not so fast. It’s a natural first question after a firm gets hit. A thief taking privileged documents doesn’t automatically take the privilege with them....
by Steve Burgess | Oct 26, 2026 | AI, Attorneys, CSI, Digital Evidence, Digital Forensics, Litigation Support
You’ve seen the movie. The defense expert pats the last hair into its slicked place, adjusts his tie, and strolls confidently to the stand, with what he believes is a knowing smile on his face. Then the prosecutor asks a sharp question and the smile crumbles. Real...
by Steve Burgess | Sep 21, 2026 | AI, Attorneys, Electronic Discovery, Evidence Preservation, Expert Witness Insights, Forensic stories, Humor, Litigation Support, Technology & Law
Deleting the messages was the cheap part. I recently wrote about sanctions: the adverse-inference instruction, the spoliation finding, the judge with disapproval written all over his face telling the jury it may assume the worst about whatever got erased. That’s...
by Steve Burgess | Aug 24, 2026 | AI, Digital Evidence, Digital Forensics, Expert Witness Insights, Litigation Support
The messages were set to delete within an hour, and some of those settings were changed after a litigation hold had already landed. That was really the whole idea. If you practice long enough, you learn that the tools change but human nature doesn’t. Caveguy Ugg...
by Steve Burgess | Aug 17, 2026 | Attorneys, Cell phones, Digital Evidence, Digital Forensics, Elder Abuse, Electronic Discovery, Expert Witness Insights, Litigation Support
By Steve Burgess, Burgess Forensics, 2026 “He passed last month, and his whole life is locked inside his phone. Can’t you just get in?” I hear some version of that rather often —more than you might think, in fact. The request comes from grieving families, from...
by Steve Burgess | Aug 10, 2026 | AI, Attorneys, Cyber Investigations, Electronic Discovery, Expert Witness Insights, Forensic stories, Humor, iCloud, Litigation Support, Tech, Technology & Law
“It’s encrypted, so I guess we’re just out of luck.” I hear some version of that from attorneys and other clients more often than you’d think, usually said with a kind of resigned finality, as though the phone in evidence had sealed itself inside a block of concrete....
