Every year, U.S. companies lose over a trillion dollars due to economic espionage and intellectual property (IP) theft. In addition to lost revenue, IP theft can damage a company’s reputation, delay production, and create lost investment in research and development.
When it comes to IP theft, the greatest threat to companies often comes from their own employees and contractors. A 2009 study by the Ponemon Institute found that 59% of surveyed former employees admitted to taking company data, and 67% admitted to using or planning to use their former employer’s sensitive information to obtain a new job or benefit their new employer. Even with the best safety protocols, employees have access to a company’s trade secrets and can copy and transfer that information to a competitor. Thieves often try to cover their tracks by deleting files and erasing documents, so how can you recover the lost data and prove your case in court?
Electronically stored information (ESI) is both transitory and resilient. Although ESI is easily changed and destroyed, even by routine system processes, it persists in fragments and copies in numerous locations. Digital forensics tracks down this “ghost data” and uses it to reconstruct the trail of evidence.
Consider a dispute over trademark ownership: The central question is which party first used the mark at issue. Digital forensics can be used to determine:
- When was a file including the mark created?
- Was the mark shown publicly or only used internally?
- Was it part of an email signature or used on electronic letterhead?
The answers to these questions will determine the priority date of the mark in question.
Our Wilmington digital forensics experts can collect and analyze data from a wide array of sources: hard drives, web pages, email archives, internal networks, USB drives, smartphones, and back-up files. They can locate hard evidence about when the supposed owner of the mark put said mark into use, thus supporting or disproving a mark’s priority date.
In addition to identifying, preserving, and analyzing all relevant ESI, our Wilmington digital forensics experts also offer trial presentation services. Having expert testimony on when a trademark was first used carries substantial weight with jurors.
Precise Law: Wilmington’s Digital Forensics Experts
When it comes to IP litigation, proper preservation and presentation of evidence is critical to the outcome of your case. Let Precise’s digital forensics experts in Wilmington help you gain a competitive edge. From collecting and analyzing data to helping present that data at trial, Precise has the technology and expertise to level the litigation playing field.
Contact Precise today and put our Wilmington digital forensics experts to work for you.
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