Discovery of missing, deleted and/or fraudulently altered data
As a consulting and testifying expert relating to the recovery and/or
authentication of computer-generated data, Brooks Hilliard has been engaged in
more than 40 electronic discovery assignments. In many of these matters, the only
computer issue was the missing or questioned data.
Testified in federal court regarding results of computer forensic
investigation of Internet usage and e-mail contents.
Testified in state court regarding whether plaintiff's request to
conduct forensic investigation was warranted by evidence and likelihood of finding
reliable evidence.
Testified in state court regarding results of a computer forensic
examination to determine whether an insurer or its agent had tampered with policy
records to avoid payment of a claim.
Analyzed opposing expert report and discovered he had omitted
important facts. Assisted defense counsel in preparing to take expert's deposition.
Investigated possible date tampering regarding the authenticity
and creation date for a
crucial letter in a civil case (see diagram, click
here to enlarge).
Investigated possible tampering with payroll records and prepared
expert report in a class action where defendant was alleged to have reduced hours
worked (and pay) for thousands of hourly workers over a multi-year period.
Investigated possible data tampering by a "whistle-blower" and
determined that he had fabricated the "smoking gun" memorandum. Testimony in
state court by associate.
Found and removed trade secret data from a laptop computer owned
by an employee going from one employer to a competitor. A joint engagement by
both sides of an employment matter.
Conducted eDiscovery investigations in multiple matters (for both
employers' and employees' counsel) determining whether former employees took
technical specifications, customer lists or other company confidential computer files
when they left.
Engagements have dealt with areas of law such as alleged wrongful termination,
corporate/partnership dissolution, intellectual property, insurance bad faith and
embezzlement of funds.
Business Automation utilizes the same forensic software and techniques used by
law enforcement and governmental agencies (not available though common retail
distribution channels) to recover missing data, determine whether data has been
purged abnormally and/or to authenticate document dating. Assignments have
included forensic investigation, production of opinion letters, deposition testimony,
trial testimony and assistance in settlement negotiations.
Attorney references and case captions are available on
request.
and creation date for a
crucial letter in a civil case (see diagram, click