The Answer
Often, yes, and companies know this.
Deleting a file doesn't make it gone forever. During litigation, attorneys can request electronically stored information (ESI) through the discovery process, and forensic experts can frequently recover:
- Deleted emails and attachments
- Edited or overwritten documents
- Metadata showing when files were accessed or changed
- Slack messages, text chains, and cloud backups
Courts require parties to preserve relevant digital records once litigation is anticipated. If a company destroys digital evidence after that point, they may face serious sanctions.
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