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May 1, 2007 Sean Mulholland and Robert Jones presented a
program on computer forensics for Coffman, Coleman, Andrews &
Grogan's World Wide Web of Labor and Employment Law seminar.
January 29-31, 2007 Sean Mulholland and Robert Jones
attended the LegalTech conference and trade show in New York,
NY.
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Corporate Dispute
A dispute between family members who jointly
owned a large business devolved into
accusations of theft of company property. A
forensic examination of the laptops of key
employees and a portion of the server failed
to show clear evidence of inappropriate
actions since the primary suspect was an
owner and had access to all areas in
dispute. However, evidence was found that
the partner was surreptitiously recording
the conversations of employees and other
partners.
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Labor Relations
A small business owner was sued by a former
employee on grounds that she was not paid
for overtime worked before her resignation.
The employer stated the employee had been
the only person in the office and the only
way to determine she was actually working
was by reviewing the logs from the server.
The logs showed the employee logged on to
the network at around 8:30am and was not
logged off many days until after 8:00 the
next morning. Because of that, he was not
able to determine how long she worked or if
she worked after 5:00pm at all. A forensic
examination of the employee's workstation
showed that, on the days in question, there
was no activity at all after about 5:30pm.
Even though she was still logged on to the
network, she was not using the computer at
all.
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Worker’s Compensation
A software engineer on long-term disability
claimed he could not return to work at a
computer, even for an hour at a time,
because of vertigo and carpal tunnel
syndrome. Our client, the insurance
company, obtained a court order allowing a
forensic examination of the claimant's home
computer. Rather than provide the computer,
the claimant provided 7 hard drives which
had been installed in his computer over
several years. Examination of the computer
showed the claimant spent a lot of time on
the computer sending emails, surfing the
internet, applying for jobs, and playing
video games which required a flight
simulator-style joystick.
[more] |
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