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Legal Firms Use Applied Historians to Resolve Long-Term Liability Disputes

Professional historians are assisting law firms in environmental and contract litigation by locating analog records and legacy hardware not accessible via digital search engines.

Sourced from Reuters
Published July 21, 2026 at 4:34 PM EDT
Legal Firms Use Applied Historians to Resolve Long-Term Liability Disputes

The Facts

Who
Jason Gart, Megan Brillault, Ian Smith, and History Associates Inc.
What
Utilization of applied historians in legal litigation to find non-digitized evidence.
When
July 2026
Where
United States
Why
To establish facts in cases involving Decades-old environmental liability and historical rights where digital records are insufficient.

Legal firms and government agencies are increasingly utilizing professional historians to locate physical evidence in litigation involving decades-old events. According to practitioners in the field, these "applied historians" specialize in environmental liability, water rights, and contract disputes where relevant documentation predates digital records. Ian Smith of Historical Research Associates noted that while many assume all records are online, the National Archives reports that less than 4% of its text pages are currently digitized.

In one environmental case involving a California landfill, attorney Megan Brillault utilized History Associates Incorporated to contest a six-figure settlement. Historians tracked down a retired attorney and a legacy Macintosh computer stored in a Kentucky garage. Data recovered from the computer's drive reportedly demonstrated that Brillault's client had purchased assets but not legal liabilities from a defunct company, leading to the case's resolution.

Applied historians generally bill by the hour to maintain neutrality, according to Jason Gart of History Associates. Gart stated that the profession serves as "advocates for the facts" rather than specific clients, which can sometimes result in findings that lead to settlements rather than litigation. Beyond environmental cases, these researchers assist in establishing historical water usage for Native American tribes and identifying government involvement in industrial sites during wartime to determine liability under Superfund laws.

This story was rewritten from reporting at Reuters. Read the original for full detail.

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