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Discovery of missing, deleted and/or
fraudulently altered data
Brooks Hilliard has performed as a consulting and testifying expert in over
40 matters involving the recovery and/or authentication of computer-generated data. In many of these matters, the only
computer issue was the missing or questioned data.
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Testified for defense in state court regarding
whether plaintiff's request to conduct forensic investigation was
warranted by evidence and likelihood of finding reliable evidence. |
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Testified for defense in state court in an insurance bad faith matter relating to
whether an insurer or its agent had tampered with policy records to
avoid payment of a claim. |
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Analyzed computer forensic evidence to determine whether the
wording of a crucial letter was exactly as claimed on or before a
specific prior date (settled prior to testimony). |
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computer forensic evidence in a class action matter relating the to claimed
tampering with payroll records, alleged to have reduced hours worked
(and pay) for thousands of hourly workers over a multi-year period
(settled prior to testimony). |
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Analyzed computer forensic evidence to
determine whether a
"whistle-blower" had discovered an incriminating memo or fabricated it
himself. Testimony in state court by associate. |
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Discovered that an opposing expert had omitted important facts from
a computer forensic report and assisted defense counsel in preparing
to take opposing expert's deposition (settled, no testimony
required). |
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Found and removed trade secret data from a laptop
computer owned by an employee going from one employer to a competitor in
a joint engagement by both sides of an employment matter (settled,
no testimony required). |
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Conducted eDiscovery investigations in multiple matters (on both sides) 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.
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