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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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Worker’s Compensation
An office worker was injured when a
bookshelf became detached from the wall and
fell on top of her. Documentable injuries
occurred and some compensation was paid.
However, one insurance carrier believed some
claims may have been exaggerated. The
employee claimed that her injuries prevented
her from completing simple tasks and that,
prior to the injury, she had been working on
a novel that could no longer be completed.
M.I.S.C was retained to examine the employee's
computer for evidence of its use after the
accident, including its possible use in
writing the novel. While the computer had
been used by the employee and family members
at the employee's home prior to the
accident, there was no clear evidence that
anyone other than family members used the
computer after the accident. There was also
no evidence of any novel or manuscript on
the computer. The examiner did find photos
of the claimant taken after the accident
that showed her injuries were not as severe
as claimed. One photo showed her standing
on the dock behind her house fishing with
her grandchildren. Follow-up by our
research specialist showed her fishing
license had been renewed after the accident.
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Brain Injury
A teenager was injured in an auto accident.
Multiple injuries were documented including
brain injury. The defense, questioning
whether the claimant’s disability was as
severe as claimed, hired M.I.S.C to conduct a
forensic examination of the claimant’s home
computer to try to determine the level of
cognitive functioning, if possible, by
reviewing the claimant’s activities on the
computer. The examination showed the
teenager conducted numerous online chats
with friends and strangers in multiple chat
rooms. Some conversations were conducted
simultaneously. Some discussions covered
topics before and after the accident. There
were also indications the claimant used the
computer to play games and study at home.
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Intellectual Property
An employee of a staffing firm left to start
his own business. The company’s managers
logged on to the former employee’s desktop
to try to find evidence that he had taken
proprietary information, such as client
lists. The managers and internal IT staff
were unsuccessful, as was an outside
computer repair technician hired by the
company. Six months later, M.I.S.C was
retained to perform a forensic examination
of the employee’s workstation. The
examination showed that the day before the
employee resigned he had installed “Evidence
Eliminator”, run it, then re-installed the
company’s business software. Though much of
the drive had been wiped, traces of his
activity remained and we were able to show
he had attempted to cover his tracks with
the use of “Evidence Eliminator”.
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