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FXR is a Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert with world-class expertise in computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies.
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After the death of the family patriarch, the children decided to sell the company they inherited rather than run it themselves. Eventually, they sold the business to a venture capital company.
After a few months, the buyer claimed that they had been defrauded. They argued that the financial health of the company had been misrepresented and that the physical holdings had not been properly presented.
The family felt certain that they had indeed provided accurate descriptions of the finances and property.
We were appointed by the court to review the company's computers for evidence related to these claims. In e-discovery cases, we often find that we can save clients time and money by using a single e-discovery service provider who produces materials responsive to both parties.
We examined email on 3 servers and 26 laptop and desktop computers. Those emails dated before the date of the sale went to the defendant and those on and after the date of sale went to the plaintiff.
We produced several thousand emails. We found one email that made it clear the plaintiff did know the full financial status, which was indeed different than the status reported. That email was copied to others in the company and was replied to, but the copied and forwarded emails did not appear in the mail boxes of those recipients.
We searched the relevant computers and servers for fragments of, or references to, the email in question. Surprisingly we did not find any traces, as we expected to. Given that known emails were missing and that there was no trace of the email on machines where it should have been, it was clear that some parties had undertaken a rather massive effort to delete all the emails relevant to this matter. Unfortunately for the plaintiff, they missed one of them.
Electronically Stored Information, ESI and e-discovery
In light of the 2006 amendments to the Federal Rules of Civil Procedure, discovery of Electronically Stored Information ("ESI") (also called e-discovery) has become one of the most critical, and certainly one of the most costly challenges faced by litigants and their counsel. Trial attorneys understand that they must now take a far more proactive approach to helping their clients identify and secure ESI, and must do so at the earliest stages of a case.
Quite apart from litigation and the challenges faced by trial attorneys, businesses - particularly those faced with SEC and other regulatory compliance challenges - may have to make substantive changes in their record keeping, policy making, and document management.
At KKAI, we provide a full range of e-discovery and computer forensic services. We can assess a client's current system(s) for managing its ESI, recommend changes needed to help bring a client in line with the regulatory compliance requirements, and assist businesses in preparing e-discovery plans. We can help design Record Retention Plans, develop systems for monitoring retention plan compliance, and construct and explain Data Retention Architectures. We can help draw up Litigation Hold Plans that let businesses plan for fast, efficient, and safer responses to litigation. Planning ahead in this fashion can help businesses avoid serious sanctions in the event of litigation and what might otherwise turn out to be a practical inability (despite all good faith efforts) to respond to the e-discovery demands of an opponent or order of a court issued under the Federal Rules. When embroiled in responding to e-discovery demands, we can conduct forensic investigations involving technical issues such as metadata, email, text messaging, deleted but recoverable data, event and web logs and more.
In litigation, if there is any expectation that responsive discovery is stored in electronic form - a virtual certainty in today's world - litigants and their counsel need to consult an expert in e-discovery and computer forensics at the outset of a case or claim, not only to assure themselves that they can respond consistently with the requirements of the law, but also to enable document production to proceed in a manageable and (to the greatest extent possible) cost effective manner.
Read other articles by this KKAI Associate:
Good News/Bad News: The Tugboat's Black Box
Purloined Intellectual Property
The Case of the Vanishing Emails
| Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert, computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies. | |
| Resume of FJB | mathematician, electrical engineering and computer science expert, computer and network forensic investigation and analysis specialist, patent infringement expert witness testimony, engineering consulting services |
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| Resume of KFZ | computer science specialist, software copyright infringement consultant, software patent and trademark infringement consultant, computer forensics specialist, e-discovery consultant, project management, system test, and information development consultant, forensic investigation and analysis, expert consulting services |
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Kevin Kennedy & Associates, Inc.
Rapid Response Engineering® Solutions
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Indianapolis, Indiana 46268
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