Case Study: Forensics and Data Collections SFL Data’s Forensics Team Debunks Testimony of Opposing Expert, Assists Client in Defending Trade Secret Misappropriation Claim The Challenge A leading outside counsel firm, representing a major technology corporation, called SFL Data’s forensics team with an urgent new project – the client had just been sued for trade secret misappropriation after they hired away an executive from a competitor. The competitor had filed suit and obtained a temporary restraining order, based largely on the expert declaration of a computer forensics examiner. The opposing examiner testified that he had located evidence indicating the executive had copied confidential information to an external storage device just prior to his departure. The Solution SFL’s forensic team began by reviewing the complaint and opposing expert declaration. We then gained access to the forensic image of the computer previously used by the executive before he left the competitor. We quickly determined that the opposing expert had incorrectly interpreted various forensic artifacts in reaching his conclusion that data had been copied to the external storage device. We then conducted more comprehensive testing to solidify our findings that the forensic artifacts on the executive’s prior computer did not, and could not, indicate such copying had occurred. This work was highly detailed, intense and required skilled analysis of the software application in question and its underlying component files. The ultimate analysis in this scenario necessitated a level of analytical skill beyond most average computer forensics examinations. We soon provided declaration testimony rebutting the opposing expert’s findings. Benefits Our findings and testimony quickly turned the case on its head. Soon thereafter, the judge dissolved the TRO and the opposing side withdrew its pending motion for preliminary injunction. They also cancelled the scheduled deposition of their expert, not wanting him to be subjected to detailed questioning about his flawed analysis and findings. Our client has since filed a counter claim for bad faith litigation and is currently seeking recovery of its attorney fees in defending the original complaint. p1 sfldata.com | ©SFL Data 2012 Meet the SFL Data Team: Data Collection and Forensics Experts Led by Andrew Crain and Paul French, SFL’s Forensics team offers deep expertise, clear communication, rapid response, budget-appropriate methodologies, and “white glove” client service. Meet the Expert: Meet the Expert: Andy Crain VP Data Collections & Forensics Paul French Data Forensics Expert Andrew is licensed as both an attorney and private investigator, holds an EnCE® certification and has managed hundreds of investigations and e-discovery matters during the past decade. He has provided expert witness testimony about forensics and e-discovery and has served as a court-appointed neutral examiner. He is a frequent lecturer on forensics and e-discovery topics. Paul has been providing private-sector forensics and e-discovery consulting since 1999, following a 13year career in the U.S. Air Force. He is an accomplished and sophisticated investigator who provides expert testimony and assists clients in a wide variety of matters. He holds an EnCE® certification and has authored more than 35 custom software utilities for email processing and data extraction and conversion. About SFL Data: SFL Data is the first e-discovery service provider to deliver a fixed-price managed service that enables Fortune 500 corporate legal departments and law firms to gain a world class e-discovery function without building it. The outcome – dramatically reduced litigation costs (over 50%), better control and visibility, and defensible results. SFL Data’s clients include Oracle, T-Mobile, and Yahoo! as well as more than 100 AmLaw 250 law firms. Founded in 1998, SFL Data is a privately held company based in San Francisco. 100 California Street, Suite 800 San Francisco, CA 94111 p415.392.2900 [email protected] sfldata.com p2 sfldata.com | ©SFL Data 2012
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