Case Studies

Challenge

A software engineer claimed wrongful termination and discrimination. The employer presented contemporaneous performance documentation dated weeks before termination. Plaintiff alleged the documentation was fabricated after the termination decision to create pretextual justification.

Outcome

Forensic evidence proved all performance documentation was created 2-3 weeks AFTER the termination, with metadata showing actual creation dates contradicting the stated dates on the documents. Email evidence revealed management discussing termination before any performance issues were documented. Case settled favorably for plaintiff for $485,000 after forensic evidence demonstrated employer's documentation was fabricated.

Impact

Challenge

A VP of Engineering resigned to join a direct competitor. Client suspected theft of proprietary manufacturing processes, customer lists, and confidential pricing information. Employee had deleted files and cleared browser history before departing, attempting to conceal evidence. Emergency TRO hearing scheduled in 72 hours requiring immediate forensic evidence.

Outcome

Court granted preliminary injunction prohibiting defendant from using trade secrets or working for competitor in same capacity. Forensic evidence was determinative, showing systematic data theft over final 3 weeks of employment. Case settled with $2.1M payment to plaintiff, return of all misappropriated materials, and 5-year non-compete agreement. Criminal referral resulted in federal charges under Economic Espionage Act.

Impact

Challenge

High-net-worth divorce where husband claimed limited assets and inability to pay substantial spousal support. Wife suspected hidden cryptocurrency investments and offshore accounts based on lifestyle inconsistent with reported income. Husband had deleted financial records and denied cryptocurrency ownership under oath.

Outcome

Forensic evidence proved husband concealed $2.3M in cryptocurrency assets across 7 different wallets, plus $850K in offshore brokerage accounts. Court found intentional concealment and perjury. Husband sanctioned with adverse inference instruction, additional $200K in spousal attorney fees, and criminal contempt proceedings. Final settlement awarded wife significantly more than originally offered, including immediate liquidation of hidden cryptocurrency to satisfy support obligations.

Impact

Challenge

Mid-size medical practice discovered ransomware attack that encrypted patient records and potentially exfiltrated 47,000 patient files containing PHI. HIPAA breach notification deadlines looming (60 days to notify patients, immediate HHS notification if 500+). Regulatory investigation by HHS Office for Civil Rights anticipated. Insurance carrier required defensible forensic investigation to support claim.

Outcome

Forensic investigation provided defensible breach scope determination: 47,213 patients affected with names, addresses, SSNs, diagnoses, and treatment information potentially exfiltrated. Client completed timely HIPAA notifications (60-day deadline met), submitted HHS breach report, and implemented comprehensive remediation plan. OCR investigation closed without penalties after forensic evidence demonstrated reasonable security measures, rapid response, and good-faith compliance efforts. Cyber insurance claim paid in full ($680K) based on thorough forensic documentation.

Impact

Challenge

Claimant receiving total disability benefits for claimed back injury preventing any work. Insurance company SIU suspected fraud after anonymous tip. Claimant claimed inability to sit, stand, or lift more than 5 pounds. Medical records showed legitimate injury 2 years prior, but carrier suspected recovery and unreported return to work.

Outcome

Digital forensics proved claimant was operating cash-based construction business while collecting $127,000 in disability benefits over 2 years. Social media and smartphone evidence showed claimant framing houses, carrying heavy materials, and advertising services. Benefits immediately terminated, $127,000 overpayment demand issued, criminal prosecution for insurance fraud resulted in 18-month prison sentence and $150,000 restitution order. Insurer avoided $380,000 in future benefit payments through successful fraud detection.

Impact

Challenge

Client charged with distribution of child exploitation materials based on prosecution forensic evidence claiming defendant's computer contained 400+ illegal images and peer-to-peer file sharing software. Prosecution expert testified files were "knowingly downloaded and shared." Defense needed independent forensic examination to challenge evidence admissibility and rebut prosecution conclusions.

Outcome

Court excluded prosecution's forensic evidence after Daubert hearing, finding methodology unreliable and chain of custody fatally flawed. Rebuttal expert testimony demonstrated: (1) Malware infection, not user action, downloaded files; (2) Defendant never accessed the files; (3) Prosecution's forensic tool generated false positives; (4) Chain of custody violations compromised evidence integrity. Prosecution dismissed all charges after losing forensic evidence. Client vindicated after 14 months of proceedings.

Impact