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For purposes of this notice, “Electronic Data” shall include, but not be limited to, all text files (including word processing documents), spread sheets, e-mail files and information concerning e-mail (including logs of e-mail history and usage, header information and “deleted” files), Internet history files and preferences, graphical image format (“GIF”) files, all other graphical format images, data bases, calendar and scheduling information, computer system activity logs, and all file fragments and backup files containing Electronic Data.
1. Please preserve and retain all Electronic Data generated or received by
following persons:
John Doe, CEO
Mary Smith, CFO
Bill Brown, COO
2. Please preserve and retain all Electronic Data containing any information about
following subjects:
Emails sent to or received from any employee or representative of ABC Company, DEF Company, or XYZ Company.
3. You must refrain from operating (or removing or altering fixed or external drives and media attached thereto) standalone personal computers, network workstations, notebook and/or laptop computers operated by
following persons:
John Doe, CEO
Mary Smith, CFO
Bill Brown, COO
4. You must retain and preserve all backup tapes or other storage media, whether on-line or off-line, and refrain from overwriting or deleting information contained thereon, which may contain Electronic Data identified in paragraphs 2 through 4.
In order to alleviate any burden upon you, we are prepared to immediately enlist
services of a computer forensic expert to image and examine all drives and media in your custody and control which may contain Electronic Data relevant to this matter. If you enlist your own computer forensics expert to generate evidentiary images of all electronic evidence identified above, demand is made that such expert utilize industry standard computer forensic software in order to facilitate and enable
processing and exchange of such evidence in this matter.
Should your company receive a letter like this, you should take it extremely seriously. Continuing to use any computers or other devices identified in such a letter will result in data being overwritten, which
courts would interpret as destruction of evidence. Destroying evidence can not only result in serious sanctions against
company or individual in
case at hand, as we saw during
Enron mess it can also result in criminal prosecution.
