Digital Forensics: The Employees' Dilemma

(c) 2012 The Lorenzi Group - All Right Reserved

Digital Forensics: The Employees’ DilemmaThe Lorenzi Group


Objective

To help employees involved in lawsuits understand what is happening and what

choices they have.


Things to Know OFTEN the BEST thing for employees to do is

comply with their employers’ legal counsel.

It will be uncomfortable for the employee and their family.

Privacy will be invaded.

The employer can drop you like a bad habit.


Digital Forensics

The preservation of electronic information using a process that does not impact or affect electronic information and utilizes a process

that is defendable in court.

NOTE: In MOST cases, the digital forensics experts are on your side! (oh, and just doing their job)


Litigation HoldThis is a LEGAL requirement to preserve any

and all information regarding the lawsuit.

It is required (by law) to be done as soon as one reasonably suspects that a lawsuit is possible.

The term “legal requirement” means both the employer and employee are required to comply.


“Screw the Lit Hold! What about MY rights?!?!”

You can skip the Litigation Hold.

However, as an organization and individual, you can face both criminal and civil charges, including potential jail time and accepting financial responsibility for

the lawsuit.


Wait! These are personal computers….

The courts DO NOT care.

All reasonable efforts will be made by legal counsel (yours or your organizations) to “protect” private and personal information.

Nothing is guaranteed.

NOTE: If you do not want to comply, please see the previous slide.


Can I just give you a copy of the relevant data?

No.

This is not considered, by the courts, to be forensically preserved information

There is no way to tell if the information being delivered by you is complete or has been tampered with.


Then I will just delete the data I don’t want you to see!

This is a poor, short-sighted decision.

Deleting information that may be used in a legal matter is against the law.

The legal term for this is SPOLIATION


SpoliationThe intentional or accidental

(court does not see a difference) deletion, alteration, destruction, withholding of

evidence.

Some Acts of Spoliation include: Deleting Data Printing Data Copying Data Misplacing or losing Data Accessing Data (opening files) to “make sure you know

what it is”


Wow. What if I refuse to comply or make it difficult or inconvenient to comply? What can happen to me?

Your employer can fire you NOTE: If this is a lawsuit between 2 companies

regarding your employment [you left a competitor, for example] this is the CHEAPEST & EASIEST way for employers to go.

You will become responsible for all legal costs in the matter.

You will (likely) have no recourse with either party in the suit.

If you spoliate evidence, you could be held criminally and financially liable.


“Well, this really sucks.” Yes.

Unfortunately, you are paid a wage to represent and work for your employer. You are required to do what they say.

“Well, it sure seems unfair.” It may.

However, look at it from the other side… If someone harmed you and you filed suit, would it be

right/would you be happy if: They only turned over some evidence? They refused to cooperate in the suit? They told you ‘sorry, I can’t get that info because someone over

here doesn’t want to give it up?’


Bottom Line? Lawsuits are difficult.

NOTE: This is why we use experts, called LAWYERS, to help us with them.

Often, the best thing to do is stay calm, unemotional, and work with legal counsel.

TIP: If this is difficult for you, it may make sense for you to hire separate legal counsel to work with your employers’ legal counsel.


One last thing….The Lorenzi Group is not a law firm

and does not practice law.

The information provided is based on years of experience and observation.

As with any legal matters, we strongly encourage you to seek proper legal

counsel prior to making decisions.


Questions?

Robert FitzgeraldThe Lorenzi Group

866-632-9880www.thelorenzigroup.com [email protected]

http://www.thelorenzigroup.com/

Digital Forensics: The Employees' Dilemma

Technology

Transcript of Digital Forensics: The Employees' Dilemma