Tag: Computer Forensics Experts

Trade Secret Theft and Misappropriation in the Food Industry

Rarely do we hear about trade secret theft and misappropriation in the food industry. It happens! Read about this high profile case involving a famous food celebrity chef!

America’s Test Kitchen (ATK) sues Christopher Kimball for Misappropriation of Trade Secrets

Here is another example of trade secret theft. Check out this blog to see how business and personal emails played a role in the misappropriation of trade secrets. Yes, there is trade secret theft in the food industry!

Who isn’t a fan of cooking shows?

Have you ever watched American’s Test Kitchen (ATK) on public television? In addition to the show, ATK is a multimedia company that has holdings in public television programs such as America’s Test Kitchen, Cook’s Country, cooking magazines and books, and several websites? Who knew? We love watching celebrity chefs like Christopher Kimball and other specialized professionals test the great American recipes like meatloaf, roast chicken, and apple pie!

Trade Secret Missappropriation Lawsuit or Foodie Divorce?

Christopher Kimball was the face and personality behind America’s Test Kitchen and Cook’s Country. In November 2015, Kimball left ATK’s program and started his own program called Christopher Kimball’s Milk Street. When two parties split it’s called a divorce, well, you guessed it, ATK sued Christopher Kimball, the co-founder, part owner, celebrity chef, and the former host of its TV shows. Almost a year later, America’s Test Kitchen Inc. filed a lawsuit on October 31, 2016, as the Plaintiff. They wanted Kimball to change his business model. We call this a foodie divorce.

ATK said Kimball duplicated what he did on the show on Milk Street and that he misappropriated its trade secrets and breached his fiduciary duty to the company. In addition, they claimed that while Kimball was working at ATK as he actively created his new company Milk Street. According to ATK, Kimball stole its collection of recipes, TV show ideas, media contacts, and subscriber information. As a result, ATK sought damages against Kimball and wanted a large sum of all profits that he has derived through the use of the trade secrets he allegedly misappropriated from America’s Test Kitchen.  Other defendants named were Melissa Baldino, Kimball’s wife and a former executive director of ATK, Christine Gordon, and Deborah Broide. ATK claimed they aided and abetted Kimball’s breach of his fiduciary duties.

Non-Compete Agreement between ATK and Kimball

It seems that ATK and Kimball did not have a formal non-compete agreement in place. To protect intellectual property, corporations use a non-compete agreement where the employee agrees not to enter into competition with the employer during or after employment. If an employee departs and takes intellectual property without permission that’s considered trade secret theft and misappropriation.

It’s all in the Email!

This case is an example of where most evidence of trade secret misappropriation can be found. It’s all in the email! A variety of emails were attached to the complaint that included notes between Gordon and real estate brokers, between Kimball and an IT consultant covering such issues as how to copy and store tons of recipes. There were emails discovered between Broide and Kimball regarding the media lists; between Gordon and the ATK help desk about whether company scanners would keep copies of documents she scanned.

The Foodie Divorce finally settled!

To all our fellow foodies the good news is that both parties settled. Kimball agreed to return his ATK shares to the company for an undisclosed price. In the end, they agreed to business terms that will allow America’s Test Kitchen and Kimball’s company, Milk Street to co-exist. Giving us foodies the benefit of watching both shows!

Enigma Forensics is a computer forensic company with litigation experts that partner with attorneys to represent plaintiffs and defendants to help prove their case. We dig for evidence of trade secret theft or misappropriation of intellectual property. Most of all we are foodies! We found this story about trade secret theft and misappropriation in the food industry fascinating and wanted to share.

To learn more about Trade Secret Misappropriation

Top Things That Will Protect Company Trade Secrets

Top Things That Will Protect Company Trade Secrets

Trade Secret theft = loss in revenue. Use your spider sense when someone from your team departs the company. They can unsuspectedly upload electronic data to the Cloud for later use that will drain your company of future revenue and present an immediate loss! Be aware-hire an expert to forensically image the departed employees hard drive. It will save you money and headaches!

Every company will have an employee leave but how do you protect the company’s trade secrets from leaving with them?

It is more common that you know for employees to leave for a competitor. On their way out the door, they will take with them proprietary data that can result in great harm to an organization including; loss of employees, customers, and important revenue streams. If someone on your team recently left your company and is suspected of having joined a competitor, it is vitally important to take immediate steps to protect your organization’s electronic assets.

What types of data do departed employees take?

Enigma Forensics has seen it all!
1. Client Lists
2. Blueprints
3. Historical quotations
4. Programming files
5. Source Code
6. Rebate levels offered from various vendors
7. Supply Chain information
8. Business protocols that competition can replicate

Hire an Expert!

When investigating departed employees the first step is to create a forensic image of the past employee’s hard drive. We recommend NOT to ask an internal employee to perform this task but most importantly hire a qualified computer expert from outside your company. This avoids any underlying loyalty current employees may have for the departed team member. An expert is trained to ensure the chain of custody is preserved so that it can be presented during a trial. Many have learned that hiring an expert is worth every dime!

What are the benefits?

Enigma Forensics computer experts will look for all types of activity that took place, including websites visited, files accessed, files transferred to external media, files uploaded to DropBox or other cloud accounts, concealment activities; encryption, and deletion of electronic evidence.

If your company is on the other side of a trade secret misappropriation litigation, we encourage you to hire an expert that will perform an initial assessment of the new employee’s activities. This will provide you with the benefit of knowing if the employee did something that could prove harmful to your company. It’s not uncommon that misappropriated trade secrets are done without the new employer’s knowledge. Yet, the new employer can be named in litigation as a co-defendant! Ouch!

Enigma Forensics has worked for both the plaintiff and defendant in trade secret litigation. Our experts are CISSP certified, what is CISSP? Certified Information Systems Security Professional. This advanced level of certification is considered the gold standard in the field of information security. It is a globally recognized certification offered by (ISC)2. (ISC)2 is known to be the world’s leading organization specializing in certifications and training for professionals in the cybersecurity domain. Click here to learn more about ICS2. https://www.isc2.org/

Call Enigma Forensics at 312-668-0333 for a complimentary consultation.

To Learn More about Trade Secret Theft

Tesla’s Latest Trade Secret Theft Lawsuit

Jacob Meister’s First 90 Days

Most voters think the Clerk of the Circuit Court of Cook County’s office is ground zero of what’s wrong ethically in Cook County government. Candidate Jacob Meister vows to clean up the office and deliver much needed ethical reform.

Enigma Forensics President & CEO Lee Neubecker interviews Jacob Meister, who is running for the office of Cook County Clerk of the Circuit Court. Lee is interested to learn more about what Jacob Meister plans to do in his first 90 days in office.

View Part 2 of our 4-Part Series on Jacob Meister, Candidate for Cook County Clerk of the Circuit Court

Part 2 of our 4-Part Series on Cook County Clerk of Circuit Court Candidate Jacob Meister

The Video Transcript follows

Lee Neubecker: Hi, I have Jacob Meister, who’s running for Cook County Clerk of the Court. He’s back on my show today. Jacob, thanks for coming back on.

Jacob Meister: Thank you for having me.

LN: So, as a candidate for Cook County Clerk of the Court, which is one of the largest court systems in the U.S., what do you see as your top priority in your first 90 days in terms of fixing a big problem that needs to be addressed?

JM: Well, the Clerk of the Circuit Court of Cook County’s office is ground zero of what’s wrong ethically in Cook County government, you know? The voters in recent years have elected a new Cook County Assessor, Fritz Kaegi, a new mayor, Lori Lightfoot, and have made clear that they demand ethical reform, in government, and the Clerk of the Circuit Court is ground zero of what needs to be fixed. This is an office that for decades and decades has been plagued with political patronage, political workers getting jobs at the public expense in order to do political work. We have to stop that, and in my first months in office, I want to make sure that we are cleaning up the office to make sure that we are delivering taxpayers value for their money and that employees are dedicated first, foremost and exclusively to serving the public interest in the clerk’s office. We cannot get over the operational problems that this office has until we first clean up the ethical issues. So, I want to make sure that the patronage in the office comes to an end. That we comply, there’s currently a federal decree, it’s called the Shakman Decree, that the office is under that requires patronage to hiring, to not be done by patronage. I want to make sure that people are promoted from within, not given these political jobs where employees are beholden to the party machine.

LN: Great, well, thanks for being on the show, Jacob.

JM: Thank you, Lee.

View Part 1 of our 4-Part Series on Jacob Meister

What does the Cook County Clerk of the Circuit Court do?
Part 1 of our 4-Part Series on Cook County Clerk of the Circuit Court Candidate Jacob Meister

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Preventative Measures: Medical Devices

What is a FIPS 140-2 and how does it play a role in medical devices? Are medical devices manufactured with security in mind? Experts Lee Neubecker and Keith Handler discuss medical device security.

What measures are in place to help protect medical devices from cyber compromise? President & CEO of Enigma Forensics, Lee Neubecker gained insight into the latest and greatest preventative measures being developed for medical devices. Lee sat down with the top engineer for Sterling Medical Devices, Keith Handler and explored technical measures applied to the manufacturing process of medical devices. Check out this video to learn all about the tech measures. You will be so much smarter if you do!

Part 3 of our 3-Part Series on Medical Devices

Part 3 of our 3-Part Series on Medical Devices

The video transcript of Preventative Measures: Medical Devices follows.

Lee Neubecker: Hi, I’m back on the show again with Keith Handler from Sterling Medical Devices. Keith, thanks for coming back.

Keith Handler: Hi Lee, thanks for having me.

LN: So in our 3rd segment on medical device security, we’re going to talk a little bit more about some of the hardware elements, how the software gets loaded onto medical devices and what things are in place to help protect medical devices from cyber compromises. So first, Keith, can we start off with telling everyone what FIPS 140-2 is and how that plays a role?

KH: Yeah, absolutely. FIPS is the Federal Information Processing Standard, 140-2 is the specific certification for encryption libraries. That certification means that those encryption libraries are proven to be usable and certified to be usable for federal systems and medical systems.

LN: Most hospitals require FIPS 140-2 for immediate devices if you’re transferring PHI, Patient Health Information. If you’re transferring that information to external storage, they want to make sure you’re using secure storage that meets federal information processing standards.

KH: Correct.

LN: So when you’re evaluating a device for security, what are some of the things that you do to help ensure that the firmware that’s stored on the chips is secure and safe?

KH: Well, an embedded device it’s a challenge, of course, you have limited space, limited capabilities typically, especially on lower power devices. If you’ve got the space and the ability, we can use hardware encryption chips, hard-circuits, those are usually the most reliable and the most performant. If not, there’s plenty of embedded libraries out there that are FIPS 140-2 certified. The main thing being that we never roll our own as far as encryption libs go, we use federally certified ones to ensure that we’re up to the current standards and encryption strength.

LN: Those standards change over time.

KH: Correct, yes.

LN: At one point and time, SHA-1 encryption used to be considered perfectly fine, but now with quantum computing, there’s been a rush to ditch SHA-1 and require SHA-2 as encryption library to help secure things.

KH: Yes, this brings up an important point actually. How do we keep things secure moving forward when new vulnerabilities are found, new attacks are found, libraries are cracked.

LN: Yeah so, what do hospitals and other healthcare providers need to be doing to ensure their devices stay secure once deployed?

KH: Well, hospital healthcare providers need to be making sure that they are up-to-date with the manufacture of all of their devices, that they are keeping apprised of any kind of recalls or anything like that. Manufacturers, the people that we typically deal with, product developers, their responsibility is to maintain a bill-of-materials, a cyber bill-of-materials; their libraries, their encryption circuits, make sure that they’re tracking the versions and things like that so that when a company has a vulnerability exposed, they can become aware and make updates and push them, software especially, as fast as possible.

LN: All right, so if an organization or a healthcare entity were to become compromised, have you been involved with supporting the client that underwent a cyber compromise?

KH: I have not, we’re usually in the earlier stages of developing the products prior to that occurring, and our products hopefully never get compromised.

LN: So I’d imagine though that if there’s a concern about the security of certain medical devices, that there’s a need to actually dump the firmware. Firmware is software stored on an embedded chip. But the firmware will persist after power-down, reboot to whatnot, but there is an ability to go and extract the firmware of the chip with the correct tools, such as a Bus Pirate, or other devices. And then what would you do to examine, if you had access to the firmware on a chip, how would you go about ensuring that that’s authentic?

KH: Well the first thing is if we’re going to push out firmware, things like that, you need to make sure that the device can know that it’s authentic. And we do things again, like digital signing, signature verification encrypting of that firmware package. That way we have a verification process in place to ensure that what we’ve got coming down is good.

LN: So that’s known as a hash.

KH: That’s part of it yes.

LN: So the hash value is the unique encrypted thumbprint generated by a hash algorithm and those hash values can be used to compare against the manufactures release version and what’s on the chip to determine, are they running the most recent up-to-date firmware, or are they running a older version or are the running something that’s rogue that is not known by the manufacturer.

KH: And that’s the real key, to make sure that what we’re running is what we expect it to be and not something that has been tampered with.

LN: How often are hospitals and IT staff actually auditing and checking their firmware?

KH: You know I’m not clear on that, but I would say almost certainly not enough.

LN: Yeah, so that’s one of the things that I know you’ve said earlier, that it’s important that all these entities using the devices, once they’re certified and deployed, there’s still a responsibility on the healthcare delivery organizations to make sure that they’re patching and updating those devices so that they keep the standards.

KH: Ideally. Nowadays, a lot more devices are connected, communicating out with central servers, and that gives them the advantage of being able to receive security updates, so it takes that middleman out, essentially, but that also opens up additional potential security holes that have to be considered and protected against.

LN: Yeah, and anything that comes to mind that you’re concerned about in regard to new threat factors?

KH: Well, you know, again, if I’m distributing firmware by handing it to you on a USB stick, you can be pretty certain that what I’m giving you is likely to be good. If I’m telling you download it from this site, you don’t know. For all you know, it could get tampered with in transit. So it raises a lot of additional risks.

LN: Do you think that there’s something to be said for going back to the old updates on CD, read-only media?

KH: Well, you know, information is what it is, and things mover faster nowadays, so I don’t know that it makes sense to move backward, it just means that we have to have more modern methods of protection.

LN: But thanks a bunch for being on this show. This is great stuff.

KH: You’re very welcome, and thanks for having me.

LN: It’s my pleasure.

View Part 1 of our 3-Part Series on Medical Devices

Medical Device Security Challenges

Part 2 of our 3-Part Series on Medical Devices

FDA Cybersecurity Regulations: Medical Devices

Other Related Articles

Computer Forensics in Medical Malpractice
Data Breach Response Experts
Forensic Imaging

Overview of the FDA’s Medical Device Regulations

https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/overview-device-regulation

Sterling Medical Devices website

https://sterlingmedicaldevices.com/

AI Smarter Solutions: eDiscovery

Artificial Intelligence (AI) can be used to vastly improve the eDiscovery document review process. Zylab is one of several eDiscovery vendors offering solutions utilizing AI. Lee Neubecker, Computer Forensic Expert, and President & CEO of Enigma Forensics met with Jeffrey Wolff, Director of eDiscovery Solutions at ZyLAB during his visit to the Legal Tech Conference 2020 in New York. Lee and Jeffrey discuss how AI can be used to conduct more effective eDiscovery.

Artificial Intelligence (AI) technology is everywhere. It’s hard to imagine how it’s being used in the legal industry where legal libraries filled with law books and courts filled with black-robed judges reign. In this formal traditional world, AI is now providing smart solutions for today’s electronically stored information or ESI and is streamlining the way the Legal Industry works.

In this video, Lee Neubecker, Computer Forensic Expert, and President & CEO of Enigma Forensics met with Jeffrey Wolff, Director of eDiscovery Solutions at ZyLAB during his visit to the Legal Tech Conference in New York. Lee and Jeffrey analyze how Artificial Intelligence (AI) develops smarter solutions in the eDiscovery process. Jeffrey shares with Lee that ZyLAB’s mission is to provide automated full-text retrieval using AI, for both on-premise or cloud-based solutions.

Watch Part 1 of a Three-Part Series on Artificial Intelligence (AI) and eDiscovery.

The video transcript of AI Smarter Solutions: eDiscovery follows.

Lee Neubecker: Hi, I have Jeff Wolff, back on the show from ZyLAB. Jeff, thanks for coming back on.

Jeff Wolff: Thank you.

LN: He’s their Director of eDiscovery, and I wanted to ask him some questions as it related to what differentiates ZyLAB from other products out on the market. Some of my clients may want to use this type of artificial intelligence program to help get through their review and see what the results are of using AI verse the traditional e-discovery review process, so.

JW: Sure.

LN: Jeff, could you tell us what sets ZyLAB apart from other competitors in the marketplace.

JW: Sure, sure, so first, I think ZyLAB is uniquely positioned in the fact we understand the corporate space quite well, as well as the law firm space, but we got our start incorporate, or start in information governance. So we are very vested in search and data science, and that’s really where we’ve put a lot of our focus. We have both on-premise solutions, as well as cloud-based, SaaS solutions like every other next-gen provider. But we really push our interface, our user interface and our user experience, as one of the most unique selling points. And that is, that it is not difficult to start using. Anyone, any legal professional can pick up our product in an hour, from start to finish, and understand really how you utilize it. Drag and drop interfaces for getting data into the system, and immediate color-coding and tagging, easy search, and the ability to really visualize your data and understand what’s in the dataset.

LN: Okay. So, what would you say for a company that has to deal with multiple jurisdictions, they’re in Europe, they’re in the US. JW: Sure. LN: There are some unique challenges posed by all the various regulations out there, like GDPR.

JW: Right.

LN: Maybe the have operations in China. How could you help a company that has to deal with various regulatory authorities spanning the globe?

JW: Sure, and that’s another advantage that ZyLAB has, actually, we’re actually a global company, so we’re dual-headquartered in Washington, D.C., here in the US, as well as Amsterdam in the Netherlands, in the EU. And as a result, we have cloud operations in both jurisdictions. So our global customers can actually keep US data in the US, and they can keep the European Union in the EU, and not worry about that issue. But we also have the expertise, consulting expertise, in both environments, both geographic locations. For example, I’m doing a lot of work now with corporations, not so much focused on directly just on e-discovery, because e-discovery is a bit reactive, you know? Or corporations go through peaks and valleys with e-discovery, the litigation, something they have it, sometimes they don’t. What they constantly have though, are internal investigations, regulatory responses, in the highly regulated corporations. And more and more now, data privacy concerns. So, my European colleagues have been dealing with GDPR for a while, we’re now starting to feel it here in the US, with CCPA, the California Consumer Privacy Act. And there are a number of states on the horizon that are going to California’s examples, so corporations need to be able to find, and classify all the data that they have in their organization that has customer information because if those customers request it and they can’t provide it, they’re financially in a lot of trouble.

LN: Do you think that the regulations coming down on companies are going to fundamentally change how companies chose to communicate with their vendors, suppliers, and own employees?

JW: Absolutely. If you look at all the recent data breach situations, it’s typically not the organization that has the problem, and I won’t mention any of the large companies that have recently had data breaches, but it’s typically not the original company that had the issue, it’s one of their suppliers, or one of their vendors that had accesses to the database, and wasn’t protecting it properly, and that’s how the trouble began.

LN: Yeah.

JW: Same thing with data privacy.

LN: The supply chain certainly is a huge point of vulnerability for all types of organizations. The governments, the military,

JW: Yep.

LN: and even corporations.

JW: Yes.

LN: So what do you see happening over the next few years with the adoption of AI platforms?

JW: I think the e-discovery market is going to fundamentally change. There’s still always going to be a need for discovery within corporations and law firms, but what you do you with the data is going to become much more important, so it’s going to be about how you can extract value from the data, not just metadata, which we’ve always been able to do for years now, but now more about looking for entity information. People, places, organizations that are mentioned in documents and emails, and collaborative environments, and being able to visualize those, and quickly drill down to what was going on in your organization. You know, if you got people that are going to the dentist three times a week, they’re not doing to the dentist, they’re doing something else, They’re just writing about going to the dentist.

LN: Yeah.

JW: Software like ours that can identify those references in documents are going to be crucial to the success of organizations.

LN: That’s great. So it seems that there’s continued e-discovery service provider consolidation out there.

JW: Mmhmm.

LN: The companies that are using tools that are more of a channel partner tool to resell.

JW: Yes.

LN: But as those companies consolidate, do you think that there’s going to be a movement away from those providers where, the company, the firms, directly do their own e-discovery?

JW: Oh, yes. Yeah, very much so. We’ve been seeing that over the last few years. A lot of companies, even small companies that tend to have, in the past, just used outside vendors for e-discovery, are now deciding that they prefer to control, not just the cost, but also their data. They don’t want their data outside of the organization for reasons we’ve already talked about. So they’re purchasing in-house tools that they can use themselves, and then they can invite outside counsel in to make use of, that way they control their costs, they control the efficiency, and they control the data.

LN: Well, this has been great. Thanks a bunch for being on the show.

Lee Neubecker: Thank you again.

LN: Take care.

JW: Bye bye.

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View ZyLAB’s for more information on (AI) Smart Solutions: eDiscovery

https://www.zylab.com/en/product/artificial-intelligence

View Law Technology Today’s article on Artificial Intelligence (AI)

Artificial Intelligence Will Change E-Discovery in the Next Three Years

Re-inventing Legal Technology: Artificial Intelligence (AI)

Forensic Experts Lee Neubecker and Cat Casey from DISCO discuss Artificial Intelligence (AI) as it relates to improving Legal technology.

Artificial Intelligence (AI) thinks, learns and problem solves more efficiently than humans. AI is all around us and in almost everything we touch, it is an algorithm that is designed to make our lives easier and is sometimes referred to as machine learning.

In the case of litigation, it can save time and money by streamlining the process of document review, eDiscovery, and preparation for forensic cases. Computer Forensic Expert, Lee Neubecker and Catherine “Cat” Casey who is the Chief Innovation Officer for DISCO discuss how AI works to improve legal technology.

DISCO is a leader in legal technology is a developer of a cloud-native eDiscovery software for law firms designed to automate and simplify error-prone tasks. They provide a myriad of different types of analytics that will supercharge searching data dramatically reducing time and money.

Part 1 of our Three-Part Series on Artificial Intelligence (AI)

Artificial Intelligence (AI) Re-Inventing Legal Technology

The Video Transcript Follows.

Lee Neubecker (LN): Hi, I’m here today with Cat Casey from CS DISCO. Thanks for being on the show.

Cat Casey (CC): My pleasure.

LN: We’re going to talk a little about artificial intelligence as it relates to eDiscovery and document review. Cat, can you tell us just a little bit about what your firm does to help speed up the review process and lower costs for clients.

CC: Absolutely, we’re a cloud-native AI-powered eDiscovery company. And what that means is we’ve got vast amounts of elastic computational power that we can use to run a myriad of different types of analytics on data to supercharge your searching and dramatically reduce the amount of time it takes you to get to that key actionable evidence. So, we’ve kind of flipped everything on its head. Instead of being a question of how quickly can I read through all of this data, it’s how laparoscopically can I surgically find all of that key information. The results that we’re seeing are pretty resounding. Up to 60% reduction in time to get to that key evidence. Freeing up attorneys to get back to what they went to school for, the practice of law. It’s pretty compelling. We’ve had some pretty interesting additions, including even today, we just announced, I think, the first true AI in eDiscovery with AI model sharing. Basically, with each iteration, with each type of case that you conduct with DISCO, our algorithms are getting smarter. We’re extracting insights and building in more robust taxonomy and analytic structure to parse data, which is going to yield better and better results for our clients. It’s truly exciting.

LN: So we’ve come a long way from the early days when the attorneys wanted everything printed and Bates-labeled before they looked at it. To now, moving ahead using TAR, technology-assisted review, like artificial intelligence, which fits into that, correct?

CC: 100%, we have a continual active learning model, so it’s more reinforcement learning than a standard supervised learning model. Basically, from the coding of document one, our algorithm’s getting smarter and making recommendations on highly likely to be similar documents. We battle test the algorithm on an ongoing basis. Whether it is an affirmative or a negative for a suggested document, the algorithm learns more, and because of that, we prioritize the most relevant information quickly and people are able to then accelerate their review speeds by up to, I think we’ve had over 180 docs per hour. So, it’s pretty compelling and this is just the beginning.

LN: So your platform’s all in the cloud, correct? So companies or law firms, they need no infrastructure other than a browser?

CC: 100%, the nice thing, in my prior life, I ran a global discovery program, and I spent hundreds of thousands of dollars a year just to keep pace, just to have storage, just to have basic replication and back up, and all of that. Now, even a small firm, all the way up to an Am Law One firm or a massive Fortune One company, they can have the same robust technology without having to set up a data center, without having to invest a ton of money. It lets everyone level up and has a better experience throughout the discovery process.

LN: One of the challenges a lot of my clients always have is they have a need to understand what the costs are going to be and to be able to communicate to their clients those expectations so they’re not throwing their clients on the eDiscovery rollercoaster of non-controllable bills. How does DISCO help to address those concerns?

CC: Transparency is a major pain point. One of the banes of my existence used to be trying to normalize this pricing model versus this, versus this service provider, versus this technology. We just throw that all out. We charge one flat amount per gig. It includes analytics. It includes processing. It includes everything, and we work with you to get the volume of data that is being applied to that one flat cost per gig down. It eliminates that hide the ball gotcha moment and it gives a lot of transparency. And of course, if someone wants a different model, we’re happy to accommodate that. But in general, straight, simple, honest. It’s really rewarding for our clients.

LN: So, what cases, what types of litigation case matters do you see as having some of the best benefits of being migrated into your platform?

CC: Yeah, I think any case can. If you’re a tiny company, it helps you be David versus Goliath. Even on a small data volume case, you can start getting insights and reduce the amount of time you’re having to spend doing something maybe you can’t chargeback for. For a big massive case, because we are an AWS and we were built on kind of convolutional neural networking, we’re moving, and we have such a robust computational lift, even we’ve had 150 million documents with hundreds of users and we still have sub one second page to page. We are still lightning fast. And so, whether it’s a big case, a simple case, a complex case, there is a value proposition for almost anyone.

LN: In terms of the types of law firms that are using your platform, do you see many smaller, medium-size firms using your–

CC: Tons, actually tons. That was where we got our teeth. Boutique, we started as a boutique law firm. We actually were a bunch of attorneys that were frustrated that all the tools were terrible, and so they built their own. And so, the foundation of DISCO, we had a family of tons of boutique law firms that we were supporting, we still do to this day. The tool we built though, had a longer vision. It was built to be much bigger and more scalable, and as a result, that’s why you’re seeing us with major, the WilmerHales of the world, very large firms and very large corporations because the tool itself can scale up so much.

LN: Great, what are some of the challenges of working, that law firms find that already have entrenched solutions? There are other review products out there and if they really want to make the benefit of your platform, don’t they have to kind of fully use it for the case?

CC: I would say you probably don’t want to split the baby with a case. If you’re processing with another tool, you’re not going to get the same benefit as working with DISCO. But you don’t have to move your entire litigation portfolio to DISCO day one. We’re seeing a lot of people that are sunsetting Legacy Product and Legacy Platforms moving towards DISCO, but it’s not, “I’m going to move every single case today.” It’s going forward, we’re going to start bringing in new cases. There tends to be such an improved experience and improved UI for the attorneys that they start to not want to use the other technology as much.

LN: I know as a computer forensic expert, oftentimes we’re going out initially collecting and forensically preserving the data. But your product sounds like it would be right for a firm that does forensics that needs to collect different data from computers, possibly harvest just an email. Filter the dates and times of the email to a PST and then they can take those PSTs and upload it into your platform, correct?

CC: 100% and we also, we’ve productized some advanced ECA, where we charge a much, much lower rate. So, you get three months no cost hosting. It’s half the usual rate, and you can do ECA for up to three months. And the goal of that is to let’s whittle down to the most surgical, teeny, tiny, laparoscopic piece of data set that you can have. An example was we had a 20 million document case and we were able to run the ECA, get it down to about 5.6 million documents. Run more coaling, run our analytics, get it down to about 200,000 documents. And usually, that would be when you have to review every single one, but we were able to, with our workflow, with CAL, get it down to 140,000 documents. And so, if you think 50 bucks an hour, an attorney can only do 50 docs an hour, the cost savings is monumental.

LN: So as someone uses your platform and they start to tag and prioritize certain documents, your software learns based on that taking. It helps find related concepts to those conversations and what not?

CC: 100%, 100%.

LN: So really, the more that are reviewed as responsive, similar concepts and whatnot so that important links aren’t missed.

CC: 100% and because we do automatic batching, is every new batch of documents a person gets because we’ve applied this artificial intelligence and continual active learning model, it is a more relevant subset of data and people are able to go through it more faster. And sometimes, they will get to a point where they can say, “I’ve hit all my relevant information. “The rest is not relevant. “I’m going to sample it and statistically determine “I don’t have to review those last 100,000 documents “that maybe aren’t relevant,” and it’s pretty cool.

LN: In our next segment, we’re going to be talking What the trends are in the industry impacting law and eDiscovery. And then finally, we’ll talk about some of the pitfalls of what companies, organizations, and law firms face if they don’t embrace artificial intelligence to help make their review process more efficient. Well, thanks for being on the show.

CC: My pleasure.

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View DISO’s website to learn more about AI trends in Legal Industry

https://www.csdisco.com

AI is Changing Legal Technology and how they work check out this website.

How Artificial Intelligence Is Changing Law Firms and the Law

Energy Sector: Intrusion Detection

After the most recent Iranian attacks most people don’t think about the danger to our Energy Sector that lurks in the global underworld. Cyber Security Experts Lee Neubecker and Geary Sikich are on the job! They say we can tighten our security and detect cyber attacks before they happen.

Energy Sector Intrusion Detection is complicated and delicate and necessary to maintain our power grid. The Energy Sector provides energy for the world and must be secured and protected. Many detection tools and resources of expert precision are used to ensure the security of these precious resources. Think about it? What do you do on a daily basis that doesn’t involve energy or some type of energy? Enigma Forensics CEO & President, Lee Neubecker and Geary Sikich, Principal at Logical Management Systems, Corp. put your mind at ease and dissect cyber security and intrusion detection systems that are utilized by the Energy Sector.

This is Part 2 in the four-part series on Energy Sector Cyber Insecurity.

Lee Neubecker (LN): Hi, I’m back on the show again with Geary Sikich, thanks for coming back on the show.

Geary Sikich (GS): Thanks for having me back Lee.

LN: So we’re continuing our series discussing about global cyber insecurity as it relates to energy sector. In the second part of the series we’re talking more about detection of compromise. Um Geary, what’re your thoughts in this area?

GS: I believe that there’s a lot to be looked at in terms of the detection aspect, and this is one of the areas where you from a forensic standpoint, provide sort of a critical juncture, what’re you seeing that the general person, and even the general employee of the utility, might not be seeing? And might not be aware of?

LN: Well we know from reports by Dragos Cyber Security firm, that there’s a number of groups, I think around 11 groups are specifically targeting the energy sector. This report just came out this month, so there is a heightened attack readiness requirement to defend against these attacks. And the key thing that organizations need to be doing is they need to know that they have their firewall actively logging, and they need to be looking at those logs.

GS: Those are all state sponsored groups, right?

LN: Well, we don’t know exactly who they are, there could be terrorist cells, the Dragos report doesn’t give attribution as to the entities behind them. They describe the types of attacks, and the character of the attack methods, but there is a number of them that you can check out, there’s a link that will take you to their report if you’re interested in reading it. But you know, often times organizations fall compromised, and they don’t know it, and these things go on for a long time. There was a credit reporting agency attacked recently, for instance.

GS: So from a detection standpoint, the challenge that industries are faced with, cause our focus is going to be on the energy industry, so we’ll get energy industry. In general, the challenge that they face then, is that it’s not just what we perceive could be state sponsored hacking of their systems, it could be individuals, it could be terrorist cells, it could be pretty much anyone with a desire to infiltrate a system whether it’s to do harm, or whether it’s just to see if they can do it

LN: Exactly. The barrier to entry to launching one of these attacks is much lower. It requires knowledge, but the knowledge could be in the head of a teenager, that got rejected at school and wants to take the power out in his town. So that’s a legitimate problem. Now related to detection, I mentioned the firewall logs, there’s a great product out there called, Canary. Have you heard of it?

GS: No, it’s new to me.

LN: Essentially, it’s a company they tell these little devices, you deploy in your network, and they can pretend to be a payroll mass, health care information system storage database, or you can make it be whatever you want. But it’s essentially trying to lure an attacker. So if someone’s in your network, there going to scan your network to look for resources and it will detect people trying to brute force that item. So these items are a great way to have another way of knowing are you compromised. If organizations that had recently been publicly compromised, that didn’t know it for many years had some of these devices in place, they would probably know pretty quickly, like within a day or so, of someone getting through their firewall.

GS: So the challenge then I guess, from a detection standpoint, and the way we’ve seen it, and in discussions with organizations that I’ve worked with. Is that it’s not a single point of penetration that we have to worry about, it’s become multiple points of penetration, and multiple points that are not necessarily hard wired into the operating system. So utilities in a lot of respects have gone out to do with their status systems, monitoring your water usage, or electric usage, all remotely, and you periodically might see a utility vehicle drive by, and they may have a cellular type phone system, that goes by and scans your homes to see what your energy usage is. So those all become a factor. We get into detection in terms of things, we’ve mentioned today shipping is a big issue, and we mentioned with the current situation with Iran, the concern over the Strait of Hormuz, but shipping in general, navigation systems, have been targeted, not only by state actors, but by other groups. So you have navigation systems which is not just water born shipping. Think of where navigation systems are today. Look into your pocket and see your cell phone.

LN: Well we had the recent issue with the Boeing Max airplane, it turned out the sensors were damaged. Well these sensors they’re called MEMS sensors, they’re a combination of electro-mechanical sensors, and if the chip is hit at the frequency that matches the natural frequency of the component board, it can actually cause the chip to malfunction and report erroneous readings temporarily. Or if the frequency matches and it’s of a great enough amplitude it can actually damage the chip. And there hasn’t been much discussions about whether these chips were cyber-attacked but it’s very possible, if you look up University of Michigan, they have research on MEMS chip sensors and interestingly enough, the patent for these sensors was a Boeing patent. So there’s not a lot of talk about that and I think more likely if the chips were damaged, it’s more likely they were damaged while they were on the ground interestingly enough, the two crashes that occurred were in countries that had a lot of terrorist activity.

GS: I think the other aspect with detection is that when you begin to bring out a point like that, people have a tendency to assume durability of systems when systems can be very sensitive to, if you will, shocks, minor shocks to the system. So it’s not necessarily the physical attack, you could take the example recently Puerto Rico has had an earthquake. What damages were incurred by the, on their systems as a result? That are undetected yet. The sensitivity of systems I think has become really critical in a lot of these aspects.

LN: But like with these chips we’re blending mechanical with computer embedded processors. So like these chips think of an opera singer, that sings the natural frequency of a wine glass. If he sings it loud enough, that glass will shatter. It’s the same concept with this chip. You can fire sound at it, if you’re close enough, or if you have a strong enough amplifier, you could fry it. Now that could happen, a drone could potentially launch a sonic attack, someone onboard, a passenger could do it, cleaning crew coming through could do it. So these are some questions that it’s kind of a new paradigm but we even had issues with military aircraft having this uptick in crashes, and these same types of systems are in the newer military helicopters and planes and whatnot. So I think it was good that the military grounded some of these devices that were having these problems, And you know the investigation, I’m sure, continues and the public may not fully be briefed on this, but it is a threat that needs to be detected before people die.

GS: So the real issue with the situation that we’re in, with this kind of global insecurity if you will, is our ability to detect has been I’ll put it in these terms, if our ability to detect has been compromised by virtue of the disruptive technologies that exist that are making detections more and more of a challenge, because they’re becoming more and more subtle in how they entered in the system. So I can have a system that looks like it’s working perfectly, and yet at a point be compromised like the mechanical system that’s supposed to open a valve, and it’s been doing it for a long time, and then suddenly it either leaves it open, or completely shuts it.

LN: This is where it’s important that these entities have an accurate inventory of what their equipment is, and they also have an accurate inventory of the embedded systems and what that software code should look like. And they should have procedures in place to periodically verify that the embedded firmware chips that do these functions haven’t been altered. Otherwise they won’t even know, and something could happen at a very critical time. So that wraps up our section on detection. In our next segment will be talking about helping to protect against these types of attacks.

GS: Great.

Watch the other segments on Cyber Insecurity in the Energy Sector

Energy Sector: Global Cyber Insecurity
Part one of our four-part series on Energy Sector Cyber Insecurity

Learn more about cyber security and data breach from Enigma Forensics.

Cyber Security Summit in Chicago
Computer Forensics & Cyber Investigations
Data Breach Impact Analysis
Info Security Risk Assessments
Cell Phone Forensics
Photo Forensics
Cell Phone Privacy

Check out the government’s directives on cybersecurity as it relates to energy infrastructure.

https://www.energy.gov/ceser/activities/cybersecurity-critical-energy-infrastructure

Check out what ComEd is doing.

https://www.comed.com/SiteCollectionDocuments/SmartEnergy/SmartGridAndDataSecurity.pdf

Understanding EMR Audit Trails

Understanding EMR Audit Trails is important to any company dealing with (PHI). They must have all the necessary security measures in place and follow them to ensure HIPAA Compliance.

Understanding EMR Audit Trails is essential to a patient’s medical history In medical malpractice litigation. The Health Insurance Portability and Accountability Act (HIPAA) requires that the Electronic Medical Records (EMR) maintain an audit trail including all of the metadata. This EMR audit trail is a piece of highly relevant evidence as to who accessed what in the record, what entries were made and/or changed, by whom and when. Computer Forensic experts are key to effective electronic discovery during medical malpractice litigation.

How do hospitals record, protect, and store data? HIPAA sets the guidelines for the most highly sought after information by the world’s best technology hackers. Medical records are worth 4 times more than credit card information. Managing Personal Healthcare Information (PHI) places Healthcare facilities at risk of cyber attack 24/7, 365 days a year.

Check out this video with Enigma Forensics, President & CEO, Lee Neubecker, and John Blair, a noted Healthcare Industry Cyber Security Expert where they discuss the importance of protecting Personally Identifiable Information (PII).

Lee Neubecker and John Blair

Understanding EMR Audit Trails video transcript follows:

This is the third of the last video in the three-part series on Health Care Industry Cyber Threats:
Watch Part 1, Watch Part 2

Lee Neubecker: Hi, I have John Blair, a cyber security expert in the field of healthcare, and John is also involved with understanding patient medical, electronic medical record (EMR) audit trails, so I asked him to come on the show and talk a little bit about that with me. John, thanks for coming back on the show.

John Blair: Thanks, Lee. Glad to be back.

LN: So John, can you tell everyone a little bit about what HIPAA requires of healthcare organizations as it relates to tracking data of caregiving and the patients?

JB: Sure. Most of this is obviously directed at hospitals, but HIPAA also has things called business associates, and any interaction from any entity with, or any user with, PHI is going to be subject to these audit logging. Hospitals use systems called EMRs, so generally those, the audit trails are built into the EMRs by default, but obviously entities can turn those off if they so choose or configure them differently. HIPAA requires that you pretty much log any interaction, whether it’s read-only, view-only, edit, whatever that interaction might be. Identify the user, identify the time, what was done to the record, and that has to be maintained for several years. So it doesn’t matter what a user does with the record. Even if they just view it, that counts as a valid interaction and has to be logged and maintained.

LN: In fact, all of these hospital software systems out there have to be HIPAA compliant, or else the hospitals wouldn’t be able to use the software packages. Isn’t that true?

JB: Right, right. There’s a lot of federal regulations regarding that, that the standards that these systems have to meet in order to get refunds or rebates from the government.

LN: So Medicare funding, reimbursement, obviously is important.

JB: All of that stuff. And audit logs of user activity and interactions, or any interaction with PHI, is a critical component of that.

LN: You know, what I’ve seen is sometimes despite the software packages being EMR, audit trail compliant, that there’s the ability for the software that’s deployed to be altered so that the audit trails aren’t retained as long as required by law.

JB: Yeah, sometimes the storage of the audit logs, it can be overwhelming. So oftentimes they are archived offsite or inappropriate access is given to the audit log itself. And then it possibly can be changed, which ruins the integrity of the log, obviously, and that would be a very bad thing should something come up down the road and you needed that log.

LN: Yeah, and certainly, someone who has the master database administrator password to that back-end system, they could do whatever they wanted.

JB: Yup. But there’s supposed to be logs of that activity, as well, and reviews of those logs, but you’re absolutely right. If you’re an administrator, you can do a lot of damage.

LN: Yeah, I’ve assisted clients before involved in litigation, medical malpractice litigation, with just seeking the truth of what’s there in the records. Most of the time, they think many hospitals are compliant and do have those audit trail records.

JB: Absolutely.

LN: But, they don’t necessarily want to make that data readily available.

JB: No, they don’t. And it depends, it’s a case-by-case scenario, under the advice of counsel and things like that, but it’s very, very sensitive information, and obviously, it’s a public relations nightmare to have a breach of patient data, so they take those things very, very seriously.

LN: Absolutely. So can you tell everyone what PHI stands for?

JB: It’s Protected Health Information, as defined by HHS, there are 18 very specific fields that comprise PHI. PHI is a subset of PII, which is Personally Identifiable Information, but with respect to healthcare, it’s primarily PHI that we’re worried about and those 18 identifiable fields.

LN: Why would hackers want to target health care records?

JB: It’s far more valuable now than several years ago, it was credit card information, basically for year after year. Now, the credit card companies and technology with respect to how quickly a card can be replaced and deactivated. And so, just more money in it to steal medical information. And there’s more flexibility, as well. You can go get drugs, you can do a variety of things, whereas, with the credit card, it’s just money.

LN: If people wanted to launch a targeted scam on individuals, certainly having records that would enable them to filter patients that have Alzheimer’s, might give them an unfair advantage at duping people out of their savings.

JB: Absolutely. Because generally if you get someone’s entire record, you’re getting everything about them: their Soc number, their address, phone numbers, relatives, I mean, all this information is now at your disposal. And loans can be taken out in their names, it’s just a disaster waiting to happen.

LN: So Electronic Medical Records, known as EMR, represent an important target that hackers seek, because of the value of that information, and the uniqueness.

JB: Yup. The price of those records, per record, now varies, but I believe it’s in the $150, $200 range per record if it’s a breach now, and laptops can hold hundreds of thousands of records. So it can be very, very expensive.

LN: But it seems that this is a problem, too, that it isn’t just localized to any one area, it’s universal.

JB: Yeah, it’s across the board. Anyone dealing with PHI has this problem.

LN: How does the cost of a patient medical record compare to a credit card record, compare to the black market?

JB: Yeah, for the last several years, medical records have gained in value every year, while financial records, credit card information have devalued. And it’s to the point now where medical information’s worth four times as much as financial information. And that’s only increasing.

LN: So does that mean that people that work in the healthcare sector in IT and security are going to get paid four times as much as the people of the financial sector?

JB: I wish.

LN: Well, thanks again for being on the show, this was a lot of good stuff. I appreciate this.

JB: Thanks, Lee, appreciate it.

Other related stories about EMR Audit Trails

Patient Medical Records: Metadata as Evidence in Litigation
EMR Audit Trails
Computer Forensics in Medical Malpractice
Hospital Data Breached

Other resources to learn more about EMR Audit Trails.

https://www.cdc.gov/phlp/publications/topic/hipaa.html

When to Select A Computer Forensic Expert

Selecting A Forensic Expert

Data Diva Debbie Reynolds and Enigma Forensics’ CEO Lee Neubecker discuss what to look for in selecting a computer forensics expert to assist with preservation, litigation and eDiscovery.

The transcript of the video follows

Lee Neubecker: Debbie, thanks for being on the show again today. I’m here with Debbie Reynolds, she is Eimer Stahl’s data protection officer and she also is the director of their eDiscovery subsidiary. Thank you for coming in and being on the show.

Debbie Reynolds: Thank you, it’s always a pleasure, Lee.

Lee Neubecker: So, today we’re going to talk a little bit about the differences between eDiscovery and computer forensics and when it’s necessary to bring in an expert to actually be the testifying expert or to handle more sensitive issues, and what you look for when you’re pulling in a computer forensic expert to assist one of your projects?

Debbie Reynolds: Well, it’s never not a good idea to bring in a forensic person, so I try to get someone who’s a professional in forensics on every case that we have, so, just depends. Some big corporations, they actually have people, ’cause they do so much litigation, they have people who are captive to their organization that do it. More times than not, they either farm out that work, to a company like Lee’s company, or they come to me, they ask me for recommendations. Just depends on where they are, what their ability, who’s available. For me, it’s really important that I work with people that I trust, smart people like Lee, who knows what they’re doing. Me, I tell people, I don’t chase company names, I chase the talent, so, I’ve had situations where I’ve had an investigator or forensic person go from one company to the next, and as a stipulation of us working with them, that case went with them ’cause they had the knowledge, so for me, the thing that I look for is a company, again, people that I know and trust, people that I know are smart that know what they’re doing, people who can really present themselves, ’cause a lot of times you’re going into a situation, you’ve not met these people, you’re going in there, touching their data, people are very sensitive about it, IT people can be very territorial, so having someone who can really put people at ease and be very professional in a situation where it’s semi-hostile, where you know that the IT guy takes pride in what he’s doing, thinks he’s the expert, so you have to kind of disarm that person.

Lee Neubecker: How often are IT people hostile?

Debbie Reynolds: Oh, 1000% of the time. They’re always hostile in some way, some are more passive aggressive than others, but you know, this is their baby, you have to work with them to get access to the data, and a lot of times they feel like, well why can I do this?

Lee Neubecker: And part of the problem, when I’ve worked with the IT people, usually they’re defensive because they’re having extra work to do.

Debbie Reynolds: Oh, absolutely.

Lee Neubecker: And they’re involved in litigation, so what I try to do is I try to sit down with them and say, “hey look, “this is my role, I need to understand enough of your stuff “so that you don’t have to talk to the attorneys, “and then I can buffer you from that so that you can “do your daily work,” and when they hear that, it helps them to understand, okay, you’re here to save me from a deposition.

Debbie Reynolds: Oh, absolutely.

Lee Neubecker: Then they’re more relieved, more willing to work with you.

Debbie Reynolds: Absolutely. I think the challenge is to get, when you start a litigation, companies, in order to try to save money, that’s where they want to save money. They don’t want to spend money on a forensic person, but if I compare cases against one another, two cases are very similar, one they had a forensic person, one who doesn’t, the one that has a forensic person, down the line, their case is more smooth, ’cause we don’t have a lot of questions about who did what, what is where, we don’t have a question about who needs to sign affidavits, who needs to go to court, all that stuff, so all that headache down the line is eliminated when we bring in someone. And I’ve had people on our cases tell me, who’ve decided that they didn’t want to bring in someone, they said no, but bad decision, we should have really brought in someone.

Lee Neubecker: In my opinion, I think it’s important to know who the person to be responsible for that data, if they’d never testified in court before, that’s a potential problem, and a lot of times people don’t ask those questions. Other things like, do they have some type of certification that shows that they mastered the field of computer forensics? And did they have to take a exam that was proctored by some independent party to assess that so that you know that your person truly has the knowledge, they didn’t just attend a class and got a certificate, because that’s a little bit of a difference, and there are many people, though, that I’ve encountered, that haven’t had the formal certifications, and they’re very bright, but when you’re putting the people up, they’ve got to survive a challenge against their admissibilities expert, if they don’t have cases of record, if none of the judges know who the person is, those things are definitely problems.

Oftentimes, I’ve seen new experts get up and make basic beginner mistakes where they let the attorney override what their report is, they let the attorney write the affidavit for them, and then it gets stretched too far, and then there might have been many good things that they had to say, but all of it goes out the window because they didn’t know how to manage the hard, nose-driven litigator that wants that report to be aggressive, so you have to listen and understand those driven litigators, but you also have to protect them from killing the case, and they assume that whatever expert you put there has those skills and a lot of them don’t know when they’re getting into trouble, and they need to be able to stand up for themselves, and do it professionally, and objectively.

Debbie Reynolds: Absolutely, absolutely. A lot of times, they don’t know what they don’t know. We had a person that actually went out and got a cell phone for a case, and we were like, we don’t want anyone to touch it, we want the forensic people to look at it, or whatever, he thought, oh well you know, I’m smart, I know how to do this stuff. Not that he wasn’t smart, but this was not his area of expertise, and he turned this phone on, and basically, the person who had the data on the phone, had sent a command to the phone to be erased, so when they turned it on, it wiped out all the stuff.

Lee Neubecker: So they didn’t put it in a Faraday bag?

Debbie Reynolds: No, they didn’t put it in a Faraday bag, they didn’t put it in airplane mode, they went to Walgreens, got cords, stuck the cord in the thing and turned it on, and that was it.

Lee Neubecker: So then that becomes some spoliation claim against–

Debbie Reynolds: It was spoliation, yeah. Everyone thinks, oh I have a cell phone, so I can do this, and it’s like no. I think people need to understand that what you guys do is very different than what we do in eDiscovery and what a normal person who’s doing IT can do, ’cause you have a different aim in my mind, and you understand spoliation of evidence, and how to get data in the right formats, where another person would not know that ’cause that’s not their background, that’s not their training and that’s not the purpose of what they’re handling data for.

Lee Neubecker: Well I really thank you for being on the show, again, to talk about this, it’s great. I look forward to seeing you again soon.

Debbie Reynolds: Fantastic, thank you!

Lee Neubecker: Thank you.

Do You Suspect Your Company Has Been Hacked?

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Mobile Phone Forensics

Anatomy of Computer Forensics In Trade Secret Misappropriation

Enigma Forensics CEO & President Lee Neubecker attends Legal Tech 2018 in New York. Lee sits down with Attorney David Rownd who is a partner at Thompson Coburn to discuss trade secret misappropriation and the role of Computer Forensics. They share their experiences in litigation concerning trade secrets and the misapporiation of information.

The transcript of the video follows

Lee Neubecker: So I’m at LegalTech New York and I’m here with David Rownd. He’s a partner at Thompson Coburn and David and I had a past working on cases involving trade secret theft and misappropriation and I just asked him to come here today and share a little bit about his experience using computer forensics and what role that’s played in cases and helping him to get good results for his clients.

David Rownd: Well computer forensics can be an amazing tool, particularly in a trade secret misappropriation case where a departing employee takes valuable company information. Often almost all of the information that is relevant to a company’s business is stored on the computer and the most common situation that you see is where the employee mistakenly believes that no one will catch him if he just emails stuff to a personal account and that is, at this point a well-worn trick, but it still happens. And most employees, what they are doing, is a see that they are going to pursue another option and they want to use information that belongs to the company so they do what they can to obtain that information. And they may realize that it’s traceable, but they may not. But what they probably don’t realize is the extent to which it really is traceable. And that every little move can be captured with a forensics expert such as me.

Lee Neubecker: Thank you. So are there any recommendations you’d have to clients that have an employee that leave that might have sensitive client data and trade secrets? What would you advise those clients to do?

David Rownd: You mean before they leave or after they leave?

Lee Neubecker: They find out their Head of Sales and Marketing leaves and goes to a competitor, how would you advise that client if they called you up and said, Dave, what should we do? We’re concerned that this person took stuff.

David Rownd: Well, first of all, any computerized data, if there was a desktop computer that that employee worked at, you should immediately evaluate the desktop computer to see if in fact any data has been moved or transferred in any way. And there are a variety of different ways that it can be done. And you know better than I do all of those different ways to identify the potential use of data. There’s also the issue about what information may be on your iPhone or a handheld device. I mean those are more and more becoming part of the way business gets conducted, especially in terms of sales, these salespeople are on the road, they’re communicating with customers by text, by email, and being able to trace the activity that went on on personal handheld devices is obviously an important thing to do as well. And to try to get a grip on, okay, what exactly did this person do prior to leaving?

Lee Neubecker: Now, have you ever had a company call you up where they hired this person who left and took stuff?

David Rownd: Oh that happens all the time. I mean the typical scenario is, in a lawsuit such as this, is that the departing employee and the new employer are both named as defendants, and the new employer can be potentially aiding and abetting the misappropriation of information, they can be tortuously interfering with agreements that the departing employee had with his prior employer. And you know one of the things we didn’t talk about is what sort of agreements are these employees operating under? Good prevention measures obviously to have an employment agreement with people who are going to have sensitive, proprietary information where they acknowledge that the information is confidential and that it’s proprietary and that it’s valuable.

Lee Neubecker: And just to add Dave, one of the most important things before, if an employee is leaving, you want to make a forensic image as soon as possible, done in an appropriate matter so that the data doesn’t get altered ’cause that can introduce chain of custody attacks

David Rownd: Correct

Lee Neubecker: and other allegations.

David Rownd: Correct. And the quicker that’s done and the more process oriented the way that it’s done, the better because you’re going to want to ultimately demonstrate to a court that this is reliable and that’s the key. And so if you can show that it was done almost contemporaneously and if you can a show a step by step process by which this mirror image was created so that a court can look at that data and say yes, this is in fact what was in existent at that time.

Lee Neubecker: Can you tell us what other type of case matters you work on to help your clients? Just a little bit more to our viewers about your practice?

David Rownd: Well my practice is, I am a business litigator is the generic term, but that can mean a lot of different things. I’ve done a lot of trade secret misappropriation in the past. These cases with a departing employee goes to a new employer, I’ve been on all sides of those cases in the past. A lot of my work is business to business litigation where it’s centered around some sort of business arrangement usually documented by a contract, but there can be other issues which are extraneous and in your typical straight up litigation matter today, the importance of electronically stored information is significant because that’s the way we do business now.