In today’s increasingly digitized world, computer forensics plays an important role in both civil and criminal trials.
Computer forensics expert witnesses have found critical evidence on seized computers in cases ranging from corporate fraud to organized crime activities to terrorism, leading to numerous successful criminal indictments and convictions. With regard to matters related to computer forensics, DisputeSoft responds only to inquiries from litigation attorneys. Unfortunately, we are unable to respond to inquiries from individuals.
Forensic Imaging of Computers and Systems
Forensic imaging of hard drives and other digital storage devices plays a key role in the preservation of evidence. Forensic analysis of a computer or system can yield a wealth of valuable evidence, including business records, emails, names and addresses, and deleted files, together with create dates, last modified dates, and other telltale metadata. At DisputeSoft, our computer forensics experts have the training, skills and experience to provide the forensics assistance you require. Our practice leader in this area is an EnCase Certified Examiner (EnCE), a key certification from industry leader Guidance Software. Reports using EnCase software have been accepted by many courts in criminal and civil matters. Our experts also have extensive experience with other industry-standard forensic tools, including FTK and Paraben.
How We Can Help
Preservation of Evidence
All parties to a dispute have a duty to preserve potentially relevant evidence throughout a civil or criminal proceeding. DisputeSoft’s certified computer forensics experts preserve data by forensically imaging electronic devices without altering any of the data on those devices. Our experts are trained to retrieve deleted files, recover erased online browsing histories, and preserve key evidence in criminal cases as well as in a wide variety of civil matters, such as those alleging fraudulent misrepresentation, falsification of records, collusion for the purpose of price-fixing, and concealment of product defects. While DisputeSoft is not an E-Discovery vendor, we work closely with clients and their E-Discovery vendors to ensure that electronically stored information is properly preserved. On numerous occasions, DisputeSoft has coordinated our expert analytic services with those of E-Discovery vendors in preservation efforts to ensure that all items needed for analysis are acquired and preserved in the appropriate format. We also assist clients with development of a preservation strategy so as to minimize the risk of a spoliation claim.
Investigating Spoliation of Evidence
DisputeSoft has assisted many clients both in pursuing claims of spoliation and in defending against such claims. Typically, a forensic investigation is required to assess whether spoliation has occurred, and if so, when, how, and by whom. We have assisted counsel in establishing the manner in which spoliation occurred, in determining the timing at which spoliation occurred, and in identifying those responsible for spoliation. DisputeSoft has investigated a wide variety of spoliation claims, including claims related to lost or altered electronic medical records (EMR) that may have provided relevant evidence for supporting or refuting allegations of medical malpractice, claims concerning the deletion of a source code repository that may have contained evidence of copyright infringement, and claims regarding the installation and implementation of software to wipe a hard drive that may have held implicating documents. Our experts have also analyzed allegedly edited surveillance video footage to determine whether materially relevant portions of the footage had been erased or even inserted by a party.
DisputeSoft’s computer forensics skills can be instrumental for verifying or refuting allegations of spoliation – that a party has intentionally or negligently withheld, fabricated, altered, or destroyed data from a computer system or electronic device, despite a duty to preserve such information.