Trade Secrets - Computers and Computer Forensics

Thanks to the Trade Secrets Blog for the link to In Search Of Lost Assets: Using Computer Forensics In Intellectual Property and Trade Secret Theft Investigations on The Metropolitan Corporate Counsel page.

"With the significant role that computers often play in intellectual property and trade secret thefts, computer forensics has become a critical component in piecing together the facts needed for a successful investigation or potential litigation. When a company suspects that its intellectual property or trade secrets have been stolen, the primary concern should be ensuring proper collection and preservation of evidence. In such situations, companies need to retain a computer forensic specialist familiar with the latest techniques used to analyze digital evidence and experienced in providing expert testimony."

***

When entering into an intellectual property or trade secret theft investigation, counsel should be prepared that the investigation will often start with a single computer or device, but will likely escalate into a situation where multiple computers and/or devices must be analyzed to tie all of the relevant evidence together to prove the case. More importantly, there are many techniques that perpetrators will use in an attempt to cover their tracks. Although these investigations can be time and labor intensive, by taking action companies can recoup potential losses and further protect their intellectual capital.