Member - Losey, PLLC
The Challenge
We had been experiencing issues getting what we believed was an incomplete electronic document production from the other side. Based on our work to that point we were certain that there was more to the story, but the data simply wasn’t being produced. We were successful in compelling production of forensic images, and hired ELIJAH to perform analysis to determine if any files were deleted.
Elijah's Analysis
ELIJAH reviewed the forensic images, and determined that a folder named “Delete” was created at a key point in time on each of the forensic images. ELIJAH was able to forensically recover numerous deleted files and folders from the images, and was able to demonstrate that the deletion activity was contemporaneous with the creation of the “Delete” folders. ELIJAH also examined a flash drive provided by the producing party’s IT consultant, and recovered a log file showing that the IT consultant performed those deletions at the request of the producing party.
Result
As a result of ELIJAH’s analysis, we were able to substantially improve our litigation posture. Being on top of things positioned us to figure out there was an issue that required an experienced computer forensics expert to assist us, and through our combined efforts we obtained a much better result for our client. I would use ELIJAH again for computer forensic services without hesitation.
Founding Partner - Actuate Law LLC
The Challenge
We were representing a former employee and his new employer in a matter in which the employee had been accused of trade secret [and confidential information] misappropriation. Opposing counsel hired a computer forensic expert who had analyzed our client’s former work computer, and opined that our client had engaged in mass copying of data. My client denied this, but we needed a skilled expert to review the forensic evidence and help figure out where the opposing computer forensic examiner had gone wrong. I had worked with ELIJAH before with great results, so we retained ELIJAH again.
Elijah's Analysis
ELIJAH reviewed the forensic image of the computer formerly assigned to my client, and determined that the alleged “mass copying” actually was limited to a handful of files, which I was able to establish were not confidential or otherwise were easily dismissed through cross-examination of opposing witnesses. ELIJAH also provided clear written and oral testimony establishing that the opposing forensic examiner had omitted key details in his analysis and made assumptions well beyond appropriate ground for computer forensic experts, which helped undermine the opposing expert’s conclusions.
Result
As a result of ELIJAH’s analysis and testimony, we were able to provide a fact-based alternative explanation for what the opposing computer forensic examiner expert observed, and substantially boost the credibility of my clients’ accurate denials of wrongdoing. ELIJAH’s analysis also positioned me to be able to methodically pick apart weaknesses in the opposing expert’s opinions on cross-examination, resulting in substantial admissions favoring my clients. We prevailed in defending against the other side’s motion for preliminary injunction, with all requested relief denied, and the case ended there. I have happily worked with Andy Reisman and the team at ELIJAH on several occasions since, and they are consistently top-notch.
Partner - FisherBroyles, LLP
The Challenge
We were representing a bank that had been sued by a customer who claimed that a large wire transfer had been made from its account without authorization. The request to wire funds had been sent from the customer’s email account, as had been done on many other occasions, and was directed to the same beneficiary to whom funds had been wired on those other occasions. Nevertheless, the customer claimed the last wire had been initiated by an allegedly self-dealing employee who supposedly hacked into the email account at issue. We retained ELIJAH to help figure out whether there was evidence of such hacking, or if the email instead had been sent in the normal course of business.
Elijah's Analysis
ELIJAH analyzed data artifacts provided by the bank customer, and in its expert report clearly laid out facts establishing that the authorized customer representative initiated the wire transfer, not an unauthorized hacker. ELIJAH also was able to show how the customer failed to timely preserve key evidence, without which evidence the customer’s version of events could not be validated.
Result
During a federal jury trial, my direct examination of ELIJAH CEO Andy Reisman guided jurors through highly technical issues in an easy-to-understand manner, casting significant doubt on the customer’s version of events. After hearing all the evidence, the jury ruled that my client had no liability relating to the wire transfer. Our legal team did a fantastic job in getting this great result for our client, and ELIJAH’s work was a key element in achieving this success. I would happily work with ELIJAH again on matters requiring computer forensic expertise.
