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Forensic Examination

The Data Report Episode 15: Setting the Narrative

by Bilzin Sumberg on

Module Four: When It All Goes Wrong (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward highlights the importance of setting a strong narrative in the wake of a data breach. Demonstrating internally...more

Episode 014: Business Divorce Stories: Business Appraiser Tony Cotrupe and Attorney Jeff Eilender

by Farrell Fritz, P.C. on

This is the first in what I hope will be a recurring feature of this podcast featuring war stories told by business divorce professionals. In this episode we hear stories from business appraiser Tony Cotrupe (Meliora...more

FDA Announces Import Staffing Change at International Mail Facilities

Earlier this month, The Washington Post reported that Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that he was reallocating three dozen employees to international mail facilities (IMF), as well as...more

Encyclopedia Brown and the Fraudulent Font: New Data Types Continue to Play a Major Role in Investigations

by Exterro, Inc. on

As a kid, I loved the Encyclopedia Brown stories, which were about a boy who ran his own detective agency and solved mysteries (for a fee of 25 cents) that arose in his school and around town. One story I remember in...more

Blatant Bad Faith in Discovery May Ultimately Warrant Terminating Sanctions

by Zapproved LLC on

CrossFit case wins sanctions for defendant's blatant bad faith - CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 14cv1191 JLS (KSC) (S.D. Cal. May 26, 2017). In this unfair competition suit filed by CrossFit,...more

DOJ Announces Project Focused on Admissibility of Forensic Evidence

Yesterday, the U.S. Department of Justice (DOJ) announced an initiative aimed at “examining and strengthening forensic science.” Presumably, the initiative will impact how the DOJ approaches digital forensic evidence in...more

Court Shifts Costs of Forensic Computer Exam to Plaintiff for Not Preserving Emails

by Zapproved LLC on

Estate of Shaw v. Marcus, Nos. 14 Civ. 3849 (NSR) (JCM), 14 Civ. 5653 (NSR) (JCM), 2017 WL 825317 (S.D.N.Y. Mar. 1, 2017). In this complex dispute over a family business, the court redressed the plaintiff’s former...more

How to Catch Trade Secret Thieves Who Try to Cover Their Tracks: A Forensic Perspective

by Seyfarth Shaw LLP on

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jonathan Karchmer, a senior managing consultant at iDiscovery Solutions with experience in...more

Securing Your Firm or Business Before (And If) an Employee Betrays You

by GableGotwals on

Imagine that several months ago, you hired an energetic employee that originally had a lot of ideas for the growth of your company, but now just has a lot of excuses for poor performance. You can't prove it, you've heard...more

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 LLC 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

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Cybersecurity

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