Using Computer Forensics to Investigate IP Theft

“Companies are increasingly using computer forensics to investigate the who, what, when, where, and why of data theft by departing employees. “Computer forensics” in this context refers to the examination of digital devices, such as smartphones and laptops, and storage media, such as hard drives and thumb drives, in a forensically sound manner that preserves the contents and operating systems of these devices while extracting information regarding file creation, deletion, modification, and copying, and internet and software application usage, amongst other things. Though the field of computer forensics is continually evolving, computer forensic experts are playing an increasingly integral role in the trade secrets and business litigation landscape; it will not be long before litigants point to a company’s failure to undertake forensic investigations as a lack of reasonable diligence that can bar a trade secrets claim.”