
UNLOCKING THE POTENTIAL OF ELECTRONICALLY STORED INFORMATION TO DETERMINE LOST PROFIT DAMAGES
At many small businesses, it’s not uncommon to still find a mass of paper records, yellowing with age and haphazardly
Contact: 205-716-7000
Contact: 205-716-7000

At many small businesses, it’s not uncommon to still find a mass of paper records, yellowing with age and haphazardly

Increasingly, the answers to the most fundamental litigation questions – the “who, what, where, when, and why” – are contained in electronically stored information (ESI), which can be retrieved through electronic discovery (e-discovery) and/or computer forensics.

In our case study, gas station owner, Morris, has alleged that Green Fuel, a small gasoline distributor, overcharged him. Both parties had inadequate and unsophisticated documentation, making determining losses very difficult.

You might not think that a small business would have useful or accessible electronically stored information (ESI). Consider this example of identifying and obtaining relevant forensic evidence to determine lost profit damages with this particular small business.

Think twice before you assume that an unsophisticated small business cannot possibly have any useful or accessible electronically stored information (ESI).