Employment & Sanction Defense

Forensicon was retained to assist a local financial services company defend against multiple alleged employment related claims including discrimination, harassment, and retaliation. The company’s internal IT department had preserved some data related to discovery requests, but counsel wanted an independent, experienced firm to perform an audit and verify the preservation techniques utilized. Ultimately, Forensicon uncovered multiple issues related to the preservation method used by internal staff and instructed the IT staff on how to properly preserve and produce responsive data. Forensicon was also asked to examine the former employee’s work computer for evidence of improper computer usage including alleged violations of the Illinois Trade Secrets Act. Plaintiff’s counsel filed multiple motions for sanctions for untimely production of data and for alleged spoliation of data. Forensicon was able to show the court using analytics that the responsive data was normalized over the pertinent time frame, thereby rebuffing claims of spoliation. The case settled favorably for the defendant.