Forensic Examination

News & Analysis as of

Case Law: You Can’t Spoliate Evidence That You Don’t Possess

HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for sanctions because the plaintiff failed to prove that the defendant ever...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Forensic Examination of Plaintiff’s Electronic Devices Disallowed Because It Was Not Proportional To The Needs of the Case

District Court Judge Jorge L. Alonso recently upheld Magistrate Judge Michael T. Mason’s ruling in a sex discrimination and hostile work environment case that forensic examination of a plaintiff’s electronic devices was not...more

Watch Out For The “Psychopaths”: The Psychopathy Checklist-Revisited (PCL-R)©

Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination,...more

Guidelines for Retaining a Forensic Investigator

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize...more

Comic Book E-Discovery: Writer Ben Percy & Attorney Josh Gilliland Weigh In on the Legal World of DC's Green Arrow

Some people might think of comic books as flights of fancy filled with characters wielding supernatural powers to fight foes from other planets, and yes, that’s true. But there are other comics that, while still being...more

Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law

In Davis v. Crescent Electric Company et. al., No. 12-5008 (D. S.D., Oct. 12, 2016), South Dakota District Judge Lawrence L. Piersol ruled that a non-disclosure agreement would sufficiently protect any and all confidential...more

In This Election Season, Contested Elections May Require eDiscovery to Sort Out the Results: eDiscovery Trends

Remember the 2000 Presidential election and all of the issues and headaches that resulted from punch card “butterfly” ballots and “hanging chads” down in Florida? These days, electronic ballots are more popular. However,...more

Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?

Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found.  Forensic experts were called in to excavate the site and determine whether they were recent or from an old...more

Are Your Trade Secrets Gone Without A Trace?

Trade secret misappropriation presents a significant concern for companies. Pilfered trade secrets can have devastating effects on a company’s business, especially when trade secrets that are central to the successful...more

Challenging Psychological Tests in Litigation – The Value and Limitations of The MCMI-III™

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and...more

Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases

The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Misuse Of Psychological Tests In Court

THE MINNESOTA MULTIPHASIC PERSONALITY INVENTORY (“MMPI-2”) - CHALLENGING THE MMPI-2 - The use of the MMPI-2 is not designed for specific forensic evaluations (i.e. evaluations for legal issues). The MMPI-2 is what...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

The Role Of Alleged Trade Secret Forensic Evidence In The Amanda Knox Murder Case

Last week, Sen. Maria Cantwell and Rep. Adam Smith, both Washington Democrats, convened a Congressional briefing to discuss the ongoing murder case against Amanda Knox, the 26-year-old University of Washington foreign...more

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Cybersecurity

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