Blog: Three Reasons Your Case May Require a Digital Forensics Partner

As experienced legal technology consultants, we work with law firms, corporations and government agencies in litigation matters that involve significant amounts of digital evidence. Digital forensic work takes specialized expertise to properly recover and analyze evidence, requiring neutrality to ensure fairness and discretion and sensitivity of confidential data.

There are many complex situations in which firms and other organizations need to extract evidence from a digital device or understand what users have done with their data.

For example, we’ve worked on cases where an employee leaves a company and takes confidential and proprietary data to a new employer. The employee disseminates confidential data to others within the new company, prompting the original employer to file suit against the former employee and the new employer. To resolve the dispute, a neutral, digital forensics expert examines their network, locates all confidential data, preserves it, and permanently removes it from their systems with minimal disruption to business operations.

A third party, digital forensics team can produce highly defensible evidence through a fair and objective approach – far better than an internal IT team. Here are the primary reasons your organization may need to enlist an outsourced digital forensics team:

Your firm or organization doesn’t have the time, expertise or equipment

Digital forensic work is highly specialized and requires sophisticated training, technical experience, digital forensics labs and a careful approach. Most lawyers and corporate executives do not have the time or expertise to accomplish these tasks alone.

We’ve encountered clients who have taken it upon themselves to begin preserving data for their case before consulting with our forensic experts. Once a forensic expert is brought onto the case, they often find additional data through specialized software. Through their training and experience, they can help link evidence items that may have been overlooked initially. Digital evidence is often interconnected. A digital forensics partner will use alternate methods of obtaining the data sets pertinent to the case, especially when traditional methods are unavailable.

A team with knowledge of these programs and methods will be able to quickly indenify the locations of meaningful evidence and prevent expensive and protracted litigation that can distract executives and disrupt business for years.

You have a sensitive matter that requires neutrality

 Engaging a neutral digital forensics team is important in situations that involve protected private data along with data that is relevant to the case. For example, an employee’s personal phone may contain case-relevant data. Naturally, the employee’s phone also contains personal information the employee does not want their employer to access. A neutral digital forensics team will ensure personal information remains confidential while the relevant data is properly preserved and produced. The process of separating personal data from data relevant to the case safeguards the interests of both parties and the potential conflict between employee and employer is thwarted.

In situations like this, all parties benefit from a neutral digital forensics team. Both parties can trust that a thorough forensic investigation will be performed and the best course of action to resolve the dispute is taken.

Your investigation demands certainty

 You need to be certain that the digital evidence in your case has been collected in a defensible manner, analyzed properly and is ready to stand up to scrutiny in litigation. A digital forensics team will ensure all data sources that contain relevant information are identified and documented.

Our forensic experts help clients identify additional sources for pertinent evidence, while also saving time and money by avoiding areas that would likely not have evidence.

Digital evidence needs to be handled with extreme care and any findings are best to be produced using accepted forensics practices. This is important when dealing with admissibility of evidence in court. Evidence will be looked at with scrutiny so you’ll need someone with the knowledge and expertise to help defend your evidence and collection methodologies.

A thorough digital investigation will guarantee that your reasoning and data collection is justifiable in court. A digital forensics team will provide a data-backed assessment of how proprietary information came to be on someone else’s network – whether accidentally or intentionally.

The LOGICFORCE Difference

We are a team of technologists who also have a comprehensive understanding of investigations and the legal process. Digital Forensics services from LOGICFORCE empower law firms and corporations to construct a case built on a solid foundation. Our state-of-the-art computer lab and sophisticated collection techniques enable us to quickly access evidence in a defensible manner. We thoroughly analyze digital evidence to glean critical truths about a user’s activities.

Our investigators also have extensive experience authoring technical reports and delivering expert opinions in courts. Get in touch now with one of our experts by requesting a call.

Donald Tennant and Joseph Morelli are experts on LOGICFORCE’s digital forensics team.

 

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