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Sean Harrington

Evan: I recommend to my clients to use uniquely numbered CD-ROMs or DVD-ROMs with the session closed and no rewrite capability. Further, I recommend the requesting party to initial or sign the CD-RMO and to have the answering parties' counsel to initial or sign. The purpose of this is to eliminate future disputes regarding what electronic documents were actually on the CD-ROM that the parties authenticated and stipulated to.

If an attorney is concerned that being involved in the authentication process could result in lawyer-as-witness headaches in the unlikely event of such a dispute, he or she should use a reputable forensic or eDiscovery vendore as a go-between. The eDiscovery vendor should maintain an MD5 hash database of all stipulated ESI/files.

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