Digital Forensics: The Employees' Dilemma
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Digital Forensics: The Employees' Dilemma

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Lawsuits involving employees are becoming much more common. ...

Lawsuits involving employees are becoming much more common.

This presentation is designed to set some expectations on what is involved in the beginning phases of a dispute, from the employees perspective.

It's not easy being an employee, and lawsuits make it harder. Often, no one is explaining to the terms being used or consequences for improper actions.

We hope this clears some of that up.

Enjoy.

The Lorenzi Group

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Digital Forensics: The Employees' Dilemma Digital Forensics: The Employees' Dilemma Presentation Transcript

  • DigitalForensics:The Employees‟DilemmaThe Lorenzi Group (c) 2012 The Lorenzi Group - All Right Reserved
  • Objective To help employees involved in lawsuits understand what is happening and what choices they have. (c) 2012 The Lorenzi Group - All Right Reserved
  • 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. (c) 2012 The Lorenzi Group - All Right Reserved
  • Digital ForensicsThe 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 forensicsexperts are on your side! (oh, and just doingtheir job) (c) 2012 The Lorenzi Group - All Right Reserved
  • 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. (c) 2012 The Lorenzi Group - All Right Reserved
  • “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. (c) 2012 The Lorenzi Group - All Right Reserved
  • 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 theprevious slide. (c) 2012 The Lorenzi Group - All Right Reserved
  • Can I just give you a copyof the relevant data? No. Thisis 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. (c) 2012 The Lorenzi Group - All Right Reserved
  • Then I will just delete the dataI 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 (c) 2012 The Lorenzi Group - All Right Reserved
  • Spoliation The 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” (c) 2012 The Lorenzi Group - All Right Reserved
  • Wow. What if I refuse to comply ormake it difficult or inconvenient tocomply? 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. (c) 2012 The Lorenzi Group - All Right Reserved
  • “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?‟ (c) 2012 The Lorenzi Group - All Right Reserved
  • 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 sensefor you to hire separate legal counsel to workwith your employers‟ legal counsel. The Lorenzi Group - All Right (c) 2012 Reserved
  • 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. (c) 2012 The Lorenzi Group - All Right Reserved
  • Questions? Robert Fitzgerald The Lorenzi Group 866-632-9880 www.thelorenzigroup.com info@thelorenzigroup.com (c) 2012 The Lorenzi Group - All Right Reserved