Case Study

Rapid Forensic Analysis Across 80 Devices and Cloud Sources Provides Critical Insight During Contentious Intellectual Property Case

When an intellectual property dispute between two companies in the aviation industry escalated to litigation and potential criminal charges, the defendant organization needed to quickly understand whether there was any merit underlying the allegations in the suit. This necessitated expedited forensic analysis of many dozens of devices in addition to cloud searches and other discovery work relative to the litigation. FTI Technology was engaged to provide digital forensics and emerging data sources expertise and support.

Our Role

FTI Technology’s Digital Forensics and Emerging Data Sources team members conducted employee interviews with key custodians and consulted directly with counsel and with the client’s senior leadership team to help guide the investigation and the development of a response plan. FTI Technology leveraged sophisticated analytical tools as well as its own deep forensic and investigative experience with such matters to bring clarity to counsel, the client and other stakeholders. A declaration detailing the findings from the cloud-based sources and from the devices was provided to the client and its investors within the first few months of the engagement. This included FTI Technology’s experts presenting findings, including the results of exhaustive analysis of user activity in Google Workspace, Slack and Bitbucket, directly to the stakeholders to explain that the evidence found validated the CEO’s assertions that the company and the engineers in question had not stolen and/ or meaningfully used any of the competitor’s IP.

Through interviews with the employees at the center of the dispute and discussions with counsel, FTI Technology’s team supported counsel in uncovering additional physical devices (including backup devices and external USB thumb drives and hard drives) and cloud based data sources that needed to be included in the scope of analysis in order to completely and defensibly disprove the allegations. Additionally, the case required close attention to key dates and metadata to distinguish between activity on personal devices before the engineers departed their previous employer and after they had started at the client organization. The team was thorough in ensuring a comprehensive and forensically sound exercise to support the client with reassuring its stakeholders and responding to the litigation.

FTI Technology’s teams collaboratively supported the ongoing matter over the course of two years, efficiently working with other service providers to obtain information and to advise on search methodologies. Continuous support also included advising the client on findings, verifying the defensibility of the processes used across each phase of the forensic analysis and e-discovery efforts by all parties, and testifying to the results via depositions and court filings.

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