http://ia801803.us.archive.org/33/items/gov.uscourts.ksd.97083/gov.uscourts.ksd.97083.73.12.pdfThe purpose of this letter is to place Defendant BFL on notice of its duty to
preserve potential evidence, and information likely to lead to admissible evidence, in
this case. On behalf of the Plaintiff Class, Plaintiffs demand that Defendant BFL take
immediate steps to preserve all electronic data, documents, and media in its possession
or control, including but not limited to immediate suspension of all routine purging of
all said data and the media on which said data is stored. Please note that paper printouts
of text or other data existing on electronic files or media are no substitute for the
electronic files themselves and do not relieve Defendant BFL of its obligation to preserve
the electronic data and files and the media on which they are stored. Please note that the
rules of law prohibiting the destruction or spoliation of evidence and providing for the
imposition of sanctions for the negligent or willful destruction or spoliation of evidence,
apply to electronic information with the same force as they apply to other kinds of
evidence.
Are there forensic tools readily available that could uncover deleted files if BFL did do such?