Forensic Neutral

Law & Forensics’ (“L&F”) consultants have been appointed in federal and state courts to serve as forensic neutrals in cases ranging from small community conflicts to large-scale litigation and international disputes involving intellectual property theft, employment disputes, theft of trade secrets, and financial fraud. Our team has acted as forensic neutrals at the direction of Judges, discovery referees, administrative judges, and mediators in cases before.

Court Appointed Neutral

Collect and examine information on computer media belonging to a party pursuant to a court order, serve as either a court appointed or party selected forensic neutral to resolve disputes relating to the collection and preservation of data and resolve complex privilege issues, perform settlement-related purging of data from systems, audit systems to ensure compliance, and validate the removal of software from systems.  L&F’s reputation for neutrality and technical excellence has been a significant factor in our selection as the digital forensic neutral in dozens of high profile cases, such as the class action against UMC Hospital in the District Court of Las Vegas Nevada.

Consulting

Work with counsel or the court to develop and implement detailed protocols that ensure all discoverable information is identified and confidential information is protected. Monitor and verify that a court appointed forensic neutral is complying with an agreed upon forensic protocol. Provide a second opinion when a digital forensic expert has prepared a report, assisting with matters that arise through the course of an action (including examinations for evidence spoliation). Over the past decade, L&F has consulted in more than 500+ disputes where the parties or the courts relied on our technical experience and expertise to develop a sound forensic protocol or process that was acceptable to the parties and the court.

Data Recovery

Recover encrypted documents, hard drives, compressed files, and storage containers lost during an incident. Utilize patent pending hardware and software to recover data deleted by an employee or by a rare data-wiping virus, which can make a machine unable to operate. Our data recovery tools can repair partition or file structure, inspect the damaged file structure and attempt to pull files out.

Benefits

  • Technical Background: Our forensic neutrals have extensive trial and technical experience necessary to serve the court.
  • Reduce Cost: Significantly reduce costs associated with issues concerning the form of production and provide a rational systemic approach to search and retrieval.
  • Expedite Process: A dispute often can be settled or decided much sooner with a neutral – often in a matter of months, even weeks – while bringing a lawsuit to trial can take a year or more.

 

Cases

Problem: Class action dispute

Solution: Served as a forensic neutral in a class action dispute involving a police department that was facing multiple allegations, including creating a hostile work environment. As a forensic neutral, L&F created a forensic protocol that the parties adopted and then performed the forensic investigation, which included collecting and analyzing more than 50 devices in a forensically sound manner. Once this was completed, L&F authored a report documenting our findings. The parties then settled.

Problem: Sensitive data stolen by former employees.

Solution: Appointed by the court as a forensic neutral after four high level employees were accused of stealing. We established that the four employees utilized a cloud storage device, making it nearly impossible to track the files. However, the L&F neutral was able to identify 1,000 files that were under the client’s name on the company’s server. After reporting our findings to the Court, the parties settled the dispute.

Problem: Financial dispute between investment banks.

Solution: Appointed to serve as a forensic neutral in an AAA arbitration on behalf of the panel in a dispute between two investment banks. As the forensic neutral we conducted a forensic investigation that included collecting and analyzing a dozen mobile devices and several Bloomberg terminals. L&F identified malware that demonstrated one of the parties acted in bad faith. After reporting our findings to the arbitration panel, the parties settled.

 

 

 

 

All of Law & Forensics’ work reflects the highest ethical standards, no matter the scope of the task at hand. We consistently find new ways to serve our clients, and justice, better.