News & Analysis as of

Forensic Examination

Data Breaches and the Significance of Outside Counsel

by Hodgson Russ LLP on

On May 18, 2017, the Central District of California joined two other district courts (D. Minn. and M.D. Tenn.) in holding that forensic reports resulting from a data breach investigation, conducted at the direction of...more

Ransomware: How to Avoid It and What to Do If You Have Been Hit

by Perkins Coie on

Computer systems around the world have been impacted by the largest cyber-extortion attack in history. According to news reports, the “ransomware” attack hit more than 200,000 victims in 150 countries since it started on...more

Sanctions Granted against Defendant for Loss of ESI on Laptop and Hard Drive, Denied for iPhone: eDiscovery Case Law

by CloudNine on

In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., No. 15-2121 (D. P.R., Mar. 27, 2017), Puerto Rico Magistrate Judge Bruce J. McGiverin partially granted and partially denied the plaintiff’s motion...more

Episode 12: Forensic Analyses in Valuation – Interview with Jaime d’Almeida of Duff & Phelps

by Farrell Fritz, P.C. on

Forensics means different things to different people in different contexts. But what does it mean in the context of valuing equity interests in closely held business entities? You’ll learn the answer – and a lot more – in...more

Selecting a Forensic Investigator: A How-To Guide

by Bryan Cave on

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

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

by Zapproved Inc. on

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

by Jackson Lewis P.C. on

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

by Jackson Lewis P.C. on

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

Guidelines for Retaining a Forensic Investigator

by Bryan Cave on

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

by Exterro, Inc. on

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

by CloudNine on

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

by CloudNine on

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?

by Burr & Forman on

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

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

by Seyfarth Shaw LLP on

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

by Morgan Lewis on

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

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

by Cozen O'Connor on

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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