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 had gone wrong. I had worked with Elijah before with great results, so we retained Elijah again.
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.
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.