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

1. Digital
Forensics:
The Employees‟
Dilemma
The Lorenzi Group
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2. Objective
To help employees involved in lawsuits
understand what is happening and what
choices they have.
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3. 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.
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4. 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)
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5. Litigation Hold
This 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.
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6. “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.
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7. 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.
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8. Can I just give you a copy
of 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.
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9. 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
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10. 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”
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11. 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.
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12. “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?‟
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13. 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. The Lorenzi Group - All Right
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14. 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.
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15. Questions?
Robert Fitzgerald
The Lorenzi Group
866-632-9880
www.thelorenzigroup.com
info@thelorenzigroup.com
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