Database Forensic Analysis

Digital Forensic Investigations - Database Analysis & Litigation Strategy Consulting

Modern litigation often involves complex enterprise database and corporate information technology systems such as accounting platforms, point of sale and inventory control platforms, H.R. platforms, customer service systems, knowledge and document management systems, product development and testing applications, user management and network activity tracking systems and much more.  Especially in light of the recent changes to the Federal Rules requiring counsel to be familiar with all ESI systems that might be implicated in a given litigation, a comprehensive understanding of how such database systems are routinely used in the corporate environment at issue is not only essential, but mandated.  The involvement of professionals with experience in such matters is essential to the full compliance with those rules.

 In that regard, BIA’s ESI professionals assist our clients in the evaluation of the potential implication of such systems in a given litigation, and when necessary, work with our Database Forensics Team to help our clients identify, understand and analyze those systems to determine what data from those systems may subject to production, establishing protocols for how to most appropriately and securely collect, review and produce such data (which often times implicate highly confidential and proprietary corporate and confidential customer information).  Our Database Forensics Team can also help clients utilize that data to fully evaluate the impact of that data on the claims and issues presented in a particular litigation.

 Our experts have put their advanced analytical and investigative skills to practice in a wide array of cases, and as with all of our services, have the added experience and expertise necessary to professionally analyze those systems in a forensically sound manner, ensuring evidentiary integrity.  Often times our Database Forensics Team will work with other experts, such as forensic accounts and damage experts, to help those professionals analyze and evaluate that data in an efficient and cost effective manner.  Moreover, our experts can help prevent the inadvertent or inappropriate disclosure of data that can have HIPAA, SOX, GLB and other regulatory protection implications that can prevent additional potential liabilities from improper disclosures.  The complexity of such systems, combined with the broad scope and mission critical nature of many of those systems, necessitates that steps be taken to ensure that, from collection to production, all safeguards are taken to appropriately collect, analyze and produce this unique category of ESI, while providing for the minimal impact to the daily operations of the corporation.

 Some of past representative cases include the following scenarios:

++ Analyzing one of the largest and most complex financial transaction systems currently in use to assist in the evaluation of claims related to the propriety of certain transactions.

++ Analyzing a business process and sales management system to assist a client in evaluating claims regarding proper compensation of commission and referral based compensation programs.

++ Collecting and analyzing data relevant to claims regarding the accuracy and appropriateness of the financial reporting for a publicly traded corporation.

++ Creating a methodology to assist in the identification and production of data relevant to litigation claims, while preserving corporate proprietary and secret data and legally protected personal client information.

++ Collecting data from corporate database and information technology management systems to investigate and evaluate a suspecting compromise of confidential pharmaceutical drug trial program testing information, specifically with a focus on the potential for compromising of both critical corporate intellectual property and confidential patient records.

++ Collecting and analyzing claims related to a decade of financial trading history for a Wall Street brokerage.

Many modern corporate litigations involve some level of database collection and analysis.  It is essential that such systems be identified from the outset, and that the examination, collection and production of data from such platforms be planned and executed by professionals with experience in the unique and complex issues that such activities inherently entail so as to avoid the pitfalls of inappropriate disclosures and unnecessary business interruption.