Electronic Evidence – Non-Competition

  • Our client determined that five of its key employees departed within the same month and were setting up a competing business.
  • Immediately upon our retention, we delivered a specific protocol for the client’s IT department to follow to ensure that the former employees had no further access to its systems, that preserved the electronic footprints of the former employees and that located all potentially relevant data created by the departing employees. Our protocol specifically addressed the departing employees’ activity during the days leading up to their departure.
  • Additional procedures included the preservation of all e-mail, laptop and server-based files of all of the former employees.
  • We interviewed our client’s legal, management and operations employees to rapidly develop a list of key terms, phrases, documents and relationships so that an accurate picture of potentially sensitive data could be developed.
  • Using the information gathered in our interviews, we deployed our special search and analysis tools to study all of the former employees’ communications, e-mails and removable media for evidence of improper conduct and/or information leaks.

Electronic Evidence – Testimony

  • Ascertained electronic records that should have been produced in connection with a litigation matter.
  • Provided affidavit in support of production deficiencies.
  • Provided testimony as to commonly available accounting records and implications of the requesting party not having the appropriate records.

Electronic Evidence – Consulting

  • Established electronic evidence production protocol.
  • Negotiated at “meet and confer” sessions.
  • Worked with IT departments at both the client and adverse party to develop mutually agreeable production solutions.
  • Negotiated with searching and hosting vendors for most efficient solutions.

Electronic Evidence – Data Management and Production

  • Developed an understanding of potentially relevant electronically stored information including what it was, where it could be stored, and how it could be retrieved and searched.
  • Recommended preservation procedures.
  • Provided complete data analysis, control, and support including:
    • Recovery and storage of potentially relevant electronically stored information
    • Development of appropriate searching methodologies and selection of search tools
    • Searching, review and refinement of search protocols
    • Document review and redaction
    • Production of documents to adverse party