Case Study

FTI Technology Delivers Extensive IP Identification and Destruction in High-Stakes Intellectual Property Suit

After a joint venture between two large multinational organisations deteriorated into breach-of-contract claims and litigation, FTI Technology’s client was ordered to conduct a widespread and all-encompassing discovery, preservation and remediation exercise for all instances of the former partner’s intellectual property (IP). The matter covered information from more than 10 locations in multiple countries and more than 1,000 data sources.

Our Role

At the outset of the matter, FTI Technology’s digital forensics experts worked hand in hand with counsel and the company’s stakeholders to conduct a thorough exercise of exclusion to understand the entire IT estate, determine which additional systems and sources possibly contained or related to potentially responsive clusters of data, and establish parameters for the exercise, all of which supported defensible narrowing of the scope. With the matter properly scoped and the detailed data map as a guide, FTI Technology:

  • Executed screening protocol for the identification of IP, including search criteria and technical procedures, to accurately and defensibly uncover files and significantly reduce false positives. The team also performed source code and technical file review as well as a discrete review for other file types to further understand their contents and relevance.
  • Designed custom workflows to surgically remove target IP from complex cloud platforms that replicated onto employee devices.
  • Successfully remediated enterprise backup systems including virtualised environments and physical tapes.
  • Devised workarounds to address challenges in accessing encrypted information so that the client could avoid re-collection of more than 100 devices, a task which would have been unfeasible within the court deadlines.
  • Minimised disruption to the business by performing nearly all activities through remote execution, including the preservation of hundreds of devices and 60 terabytes of server data.
  • Forensically preserved several hundred legacy laptops, which required the manual efforts of digital forensics specialists worldwide, before the devices were securely erased.
  • Worked closely with counsel to draft a comprehensive methodology report detailing the defensible steps taken to comply with the legal requirements.
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