At NetEvidence, our team of certified computer forensic investigators, litigation consultants, forensic accountants, and information technology specialists is uniquely qualified to help you with all facets of the litigation support process from beginning to end.
Today's disputes fall into many categories, range in complexity, and are adjudicated in various forums. But regardless of a case's unique characteristics - NetEvidence is an invaluable resource to companies and their counsel. Our professionals have successfully managed aspects of some of the largest and most complicated cases in history and are always prepared to assist clients in navigating through the numerous issues arising from the lawsuits and claims affecting them.
We regularly assist clients in engagements ranging from alternative dispute resolution matters and securities litigation to construction claims and intellectual property disputes. Our professionals look at all the facts to deliver fair and supported expert reports. We assist with all aspects - initial assessments, pleadings and discoveries, critiquing other expert's reports, addressing liability issues and testifying as expert witnesses.
What relevant info does your client have, and how is it stored?
At the outset of the case, lawyers and their staff must become familiar with their client's records, and how they are maintained, whether in paper or electronic formats. These days, even individuals and very small companies will have information on their computers, laptops, smart phones and thumb drives, as well as in their file cabinets.
Document retention policies
Lawyers and their staff must also ascertain what policies their client has in place for either preserving or destroying hard copy documents or ESI. If information is routinely destroyed, either by deletion, overwriting backup taps, shredding, or other means, lawyers must talk with their clients about the need to keep data once litigation is in the offing, because severe sanctions can result from failure to preserve records, including ESI.
Litigation hold notice
In the case of corporate clients, lawyers must work with their client to make sure written preservation hold notices are issued instructing employees and agents to preserve any potentially relevant documents and ESI in their custody, and not to alter or destroy potentially relevant material until the end of the lawsuit.
Lawyers must work with their client to develop a plan for collecting any potentially relevant material, whether the data is in paper or electronic format. They will need to decide whether expert or IT assistance is needed to collect the information. Self-collection of ESI by employees risks accidental (or intentional) deletion of electronic data, risks the altering of relevant metadata, and has resulted in sanctions.
Determine production formats
The parties must decide on the preferred format to make and receive document productions. Electronically stored information is usually produced either in native format, or in flat file formats such as PDFs or TIFFs. Parties must also decide what metadata is relevant to the case, if any, and make a plan to preserve and produce it.
Documents and information withheld on the basis of privilege or other privacy concerns will need to be logged.
Types of Cases
Investigations spanning from computerized devices to integrated systems and networks
Reconstruction of electronic footprints, audit trail and data flow
Reconstruction of books and records by accounting system data extraction