Digital Forensics can help resolve employment matters such as substantiating or disputing discrimination, harassment or wrongful dismissal claims. Confidentiality, loyalty, and trade secret agreements are being breached at an alarming rate and we can help discover the evidence to prove these breaches have occurred, in addition to determining who was responsible. We can also uncover evidence of non-compliance with computer/mobile “Acceptable Use Policies,” privacy policies, regulatory compliance and the possession of offensive, obscene or indecent images and video. Additionally, as computers and mobile devices are “repurposed” in an organization, a forensic acquisition of the former employee’s devices is a cost effective safeguard against claims made by, or against, the former employee as well as the subsequent user of the device.
Digital Forensics can help resolve contract disputes by identifying altered documents as well as locating lost or deleted versions of files. Utilizing forensic techniques, the establishment of timelines for various communications between parties can also help unravel the mystery of “what did they know, and when did they know it”? Insider theft of Intellectual Property has become a critical issue for many organizations. While some of these losses are due to poor security controls, unknown actors or malware, often the culprit is an existing employee or group of employees. With recent advances in “cloud storage” and the ever decreasing size of portable storage devices, do you really know where your corporate information is? We can help uncover the unauthorized “leakage” of data.
Perhaps the single most important aspect of a digital forensic investigation in the corporate or business realm is the independence of an external examiner. In addition to the special skills and tools utilized by a forensic investigator, weeks or even months of evidence gathering could quickly become a liability if the investigation is conducted by internal personnel. An employee will certainly be labeled as “inherently biased” and having a “conflict of interest” by the target of your investigation and could create a legal challenge that is more costly than the original loss. An independent data acquisition, chain of custody and analysis of the evidence helps to ensure a successful investigation and any resulting legal action while mitigating your risk. In addition, the business risk of exposing internal personnel to sensitive information, privacy violations, obscene or contraband images (child pornography), or cross examination by opposing counsel may create a legal quagmire that becomes even more convoluted and expensive at each step in the legal proceeding.