CASE TYPES

DCF’s has extensive experience handling hundreds of client cases with each case adding to our body of knowledge. Below is a listing of the most common areas of practice that can offer insight into how DCF can support your forensic and CyberSecurity needs.

Discovery Computer
Discovery Computer

BANKRUPTCY | RECEIVERSHIP

DCF has extensive experience working bankruptcy matters and can provide a wide array of investigative and discovery services in these matters.

DCF’s forensic team can assist the trustee/receiver with “locking down” the business to investigate the finances and/or potential fraud, using digital forensics.  DCF can actively assist in the electronic discovery process in the following areas

Preservation of all electronic data

  • Removal/cracking of passwords to provide access to financial systems
  • “Lock down” systems to prevent manipulation
  • Recovery of deleted information, including correspondence and/or financial transactions
  • Review of IT and system controls; recommendations and implementation of better controls for cybersecurity
  • Provide access to accounting system and financial data
  • Review of correspondence to determine who knew what and when
  • Assistance with identifying and establishing fraudulent conveyances

ELDER ABUSE -BREACH OF FIDUCIARY RESPONSIBILITIES

Family or shareholder disputes, fraud and even theft of Intellectual Property can result in claims of a breach of fiduciary duties.
Because so much of business is conducted electronically these days, it is almost certain that activities relating to the fiduciary responsibilities of management and/or ownership (minority or majority) are encapsulated in the electronically stored information. Types of fiduciary duties can include family or corporate communication, e-mail communication, instant messaging, and a wide variety of other electronically generated evidence.
The following is a list of areas we can support the research:
• Helping to establish that the individual(s) knew what their fiduciary responsibilities were
• Identifying and investigating “red flag” items that help document the alleged breach
• Recovering communication and correspondence surrounding the individual(s) fiduciary responsibilities and actions taken pro/contra those responsibilities
• Assisting counsel and other consultants with gaining access to financial data and systems to document the actions taken contrary to fiduciary responsibilities

Discovery Computer
Discovery Computer

HR- EMPLOYMENT CONTRACT DISPUTES

Employment law itself is complex without even considering how Electronically Stored Information enters the picture in these possible digital evidence cases.
Fortunately, companies of all sizes rely on the use of computers in the drafting, review, printing, execution and communication surrounding contracts and the negotiation of the terms, providing DCF a rich environment to recover specific data.
Many times, critical information hinges on what was communicated outside of the four corners of the contract and still other times a critical look at whether documents have been altered becomes the center point of an investigation. For this reason, we can support your case review with the following actions:

  • Assist counsel with case-building and fact-finding by analyzing relevant
  • Authentication of evidence that counsel is intending to introduce and use to negotiate settlement
  • Collecting and reporting on all copies of collected documents to provide timeline and document differential analysis
  • Digital forensic analysis of electronic documents to determine if changes have been made
  • Identifying and preserving all relevant data sources
  • Identifying and preserving all relevant data sources containing communication
  • Recovery of deleted, drafts and previous versions of contract
  • Preserving relevant data sources of the plaintiff to ensure that plaintiff’s house is “in order”
  • Prepare counsel for requesting relevant electronic evidence from defendant, relevant third parties and defendant’s witnesses
  • Prepare Defensible Preservation Plan to ensure that defendant’s house is “in order” and to prevent side-bar litigation surrounding the discovery ‘process’

ELECTRONIC DATA RECOVERY

Most people are aware that all forms of electronic evidence is admissible as evidence in court cases. This type of evidence is used by attorneys, regulators and other interested parties in court proceedings.
The importance of electronic evidence and its use in court proceedings is causing an additional issue that needs to be addressed–that of data destruction (or “spoliation”).
If a system is suspected of being compromised- turn it off. Recommend to your client that they do not search or attempt recovery as this may affect the admissibility of our findings in court. Individuals and organizations interested in “hiding” activity that can be gleaned from electronic evidence, often resort to activities designed to remove or cover-up that evidence Our tools are specialized to prevent the writing of new data and creates a time capsule that should end when the breach was discovered.
The good news is that almost always those activities result in evidence that can be used to show that the spoliation or evidence destruction has occurred
DCF’s electronic discovery services can assist by:
• Determine if spoliation occurred at a time when a duty to preserve was present
• Evaluating electronic media to determine if evidence destruction activity has likely occurred to show, with specificity, what data destruction activity has occurred AND when
• Identify and recover other copies of the data that may not have been subjected to the evidence destruction method employed

Discovery Computer
Discovery Computer

FAMILY LAW & CHILD CUSTODY

The prevalence of smartphone in our daily lives makes the gathering of digital evidence in family law cases more necessary every year. It is predicted that contested family matters will all involve some level of discovery from electronic devices within the next five years.
Since electronic devices hold content and can be a type of witness to an activity, these devices can support claims of neglect or abuse or can be used to counter character assignation claims. In the domestic relations front, the use of electronic evidence is wide and varied. The following types of data center discovery phase can be a crucial aspect of the matter.
• Identify relevant data sources, including: computer systems, cell phones, GPS units and any other valid relevant source of electronic data
• Identify hidden assets that may be unknown to one party
• Investigate activity surrounding transfers and other activity used to place assets out-of-the-reach of one party
• Assist with the evaluation of custodial issues, including whether one party is fit/unfit to have custody

INSURANCE CLAIMS

With the proliferation of electronic data discovery on any subject, cases involving insurance claims are finding that oftentimes the information that will help prove or disprove a case is found as electronic evidence on devices affiliated with the matter.
Specifically, DCF has experience with a wide variety of electronic litigation support in insurance cases. Allow the DCF forensic team to assist you in the discovery process in the following areas”
• Analyze and process electronic evidence media to recover non-privileged communication surrounding claim
• Craft and defend Defensible Preservation Plan
• Early Case Assessment to determine feasibility and strength of case strategies, learn relevant concepts and terms used by operatives
• Identify and Preserve relevant data sources, ensuring admissibility
• Testify as to results found

Discovery Computer

MERGERS AND ACQUISITIONS- PRIVATE EQUITY

Attorneys specializing in Mergers & Acquisitions (M&A) as well as Private Equity firms looking to merge with or purchase another company look to DCF for I.T. and CyberSecurity Expertise.
Our vulnerability and asset I.T. asset evaluation platforms can determine their strengths, weaknesses and risks prior to the merger or acquisition of a company. We assist by determining if the company has been hacked or breached and help to identify the level of risk the company has from an I.T. standpoint prior to ‘sealing the deal’.
DCF will Measure Maturity of an Organization’s I.T. to:

• Evaluate existing security strategies and protocols and assess CyberSecurity Risk
• Identify Critical Information Assets (Data)
• Identify possible data leakage from internal sources that could signal employee departures

• Understand where those assets are located and how they’re controlled
• Understand protection in-place
• Understand Regulatory | Compliance Issues

NON-COMPETE | IP THEFT | NON-SOLICITATION

Most cases arise after a “trusted” employee leaves the company and leadership has to determine if the departing employee has violated cyber security and they have taken intellectual property (IP). In many cases a review of their last efforts on the network is needed to determine if a violation of a non-compete agreement, non-solicitation agreement has occurred.
We have the ability to quickly and accurately analyze the data and report the findings to support motions for Temporary Restraining Orders or to support Motions to Compel the Production of Computer Systems owned and/or operated by the former employee.
DCF uses forensic programs to identify digital footprints left on the environment such as:

• Proof that external media, such as USB flash drives, external USB hard drives, etc., has been connected and IP copied to it
• Printing of sensitive/confidential information
• E-mailing of IP material to an outside e-mail account (i.e. home e-mail account such as Yahoo!, GMail or other account)

• Burning of IP material to CD/DVD
• Accessing sensitive information out-of-the-ordinary course of the individual’s normal activity
• E-mail or other correspondence providing evidence that such activity has taken place
• Analysis of deletion and/or “clean-up” activity

Discovery Computer
Discovery Computer

REGULATORY | COMPLIANCE

As data and privacy concerns evolve in today’s business environment, so will the regulatory burdens. Regulatory agencies often have strict timelines, very broad inquiries and of course total control of the situation. Retaining DCF to assist in a response to regulatory and compliancy requests can significantly reduce the time and energy your firm may need to put forth. Let DCF perform the following forensic searches so you can focus on running the business.
• Identification and preservation of relevant electronic data sources
• Create talking points to control both the data and communication for both internal and external sources
• Quickly and cost-effectively analyze, review and produce requested information, in the form that the regulators have requested
• Using DCF in an regulatory audit ensures that internal stakeholders are insulated from claims of spoliation and to ensure that confidentiality is maintained.
• Proactively establish and monitor IT controls, through a wide variety of cybersecurity auditing procedures, to prevent regulatory and compliance issues in the future

SEXUAL HARASSMENT

Sexual Harassment and other Employment Relations matters can cost a company not only money but it’s reputation. Most cases involving this topic traditionally reply on he-said/she-said types of allegations and first-hand witnesses.
As an organization that works deeply in the family law arena, DCF is accustomed to this type of forensic reporting. We focus on gathering the facts as preserved in electronic evidence and treating electronic devices as witnesses in a digital forensic investigation. Electronic devices are neutral and the evidence we reveal is indisputable, carry no emotional baggage, have impeccable memories, are not biased and in general make excellent witnesses.

In these sexual harassment matters, DCF assists by:
• Assisting plaintiff’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of plaintiff and/or plaintiff’s witnesses
• Assist plaintiff with review of data received in discovery
• Advise counsel and/or analyze systems surrounding spoliation issues which affect the ability to defend its case
• Authentication of evidence that counsel is intending to introduce and use to negotiate settlement
• Verify/validate correspondence, e-mail communications and other activity to prove and/or disprove claims of sexual harassment
• Establish behavioral models and establish persistent harassment patterns (if applicable)
• Prepare counsel for requesting relevant electronic evidence from defendant, relevant third parties and defendant’s witnesses
• Preserving relevant data sources of the plaintiff to ensure that plaintiff’s house is “in order”

Discovery Computer
Discovery Computer

WHITE-COLLAR CRIME / FRAUD / EMBEZZLEMENT

According to a recent Verizon cybersecurity survey, more that 35% of employees have taked company data when the left a company’s employment.
According to the Association of Certified Fraud Examiners (ACFE) (www.acfe.com), U.S. Organizations lose, on average, 7% of their annual revenues to fraud — or nearly a trillion dollars annually.
Whether you are looking to investigate a potential fraud, have validated that a fraud occurred and are looking to assess the overall damage and gather evidence or if you are looking to shore up your control environment to prevent and detect future digital fraud, use a digital forensic analyst at DCF for assistance.

Types of White Collar Crime, Digital Fraud, Embezzlement

• Antitrust Violations
• Bankruptcy Fraud
• Bribery
• Computer & Internet Fraud
• Counterfeiting
• Credit Card Fraud
• Economic Espionage

• Embezzlement
• Environmental Law Violations
• Financial Fraud
• Government Fraud
• Healthcare Fraud
• Insider Trading
• Insurance Fraud

• Kickbacks
• Mail Fraud
• Money Laundering
• Phone & Telemarketing Fraud
• Public Corruption
• Securities Fraud
• Tax Evasion
• Trade Secret Theft

WRONGFUL TERMINATION

DCF actively assists organizations and individuals in civil wrongful termination matters.
We routinely work with one or both sides of these matters to help assess the merits of the case, preserve relevant data and to provide relevant evidence to support or defend the case.

In these matters, a certified computer examiner from DCF assists by:
• Assisting plaintiff’s counsel with case-building and fact-finding by analyzing relevant data sources in the possession and control of plaintiff and/or plaintiff’s witnesses
• Assist in privilege and relevancy review in preparation for discovery
• Authentication of evidence that counsel is intending to introduce and use to negotiate settlement
• Identifying, preserving and collecting electronic data stored in relevant electronic data sources
• Prepare counsel for requesting relevant electronic evidence relevant third parties and defendant’s witnesses

Discovery Computer