|
Business disputes can often be
anticipated months in advance of formal proceedings. Executives
involved in the conflicts are usually aware of the issues beforehand
and are in a position to take action that can materially affect the
outcome of the dispute. A forensic examiner, working in conjunction
with your attorney, should be used to document and properly preserve
the computer data (this can include email traffic, documents,
accounting records, etc.) as an unassailable record for the court. This
proactive approach can save thousands of dollars. Why struggle with a
case where the evidence has been destroyed or partially obscured either
through deliberate measures or simply due to the fact that the
computers have remained in service? Wouldn't it be easier and
more effective if the attorneys and consultants instead have
documented, forensically valid, computer data with which to prepare
their case?
Let's say your company hires a software
development firm to write some software for you. The deliverables don't
meet your expectations and you are losing confidence in the developers.
You begin considering litigation to recover your development fees.
Attorneys from both sides of this dispute should consult with a
forensic computer expert before the matter ends up in court. The
forensic examiner will preserve all of the computer data involved so
that nothing is lost or destroyed. Examination of the data preserved
can determine whether it met with industry standards and was fit for
the intended purpose. Analysis of the specifications and correspondence
between the developers and the company can help to establish if the
specifications changed during development, dooming the software to
failure despite best efforts. Hiring a forensic expert before
litigation saves both time and money by quickly isolating the
significant facts and helping the parties understand their
responsibilities and options. Should the parties decide to go to court,
the data required to prepare the case have already been preserved in a
forensically valid manner acceptable to the court.
|