Case Study

FTI Technology Serves as Neutral Third Party Expert in Technology Industry Intellectual Property Litigation

During the discovery phase of an alleged theft of trade secret litigation between two technology companies, parties contended with a search and production protocol relating to confidential information, trade secrets, personal data and highly complex metadata in the set of potentially relevant documents. The district court appointed FTI Technology as the neutral third party expert charged to handle execution of the court ordered search protocol involving the analysis and extraction of forensic artifacts at scale beyond the corpus of custodian communications and work data, to determine which items should be turned over to opposing counsel, and which contained sensitive information that should be withheld. The findings helped the parties reach a settlement.

Our Role

FTI Technology filed the court-appointed document of search (outlining the agreed protocol) with the court and set up the environments to receive the 35TB of data from both parties, including more than 100 media images from the custodians’ devices. Once the data was transferred, the team of digital forensics investigators initiated the custom workflow to bridge the gaps between the capabilities of the tools and the data requirements outlined in the protocol.

This addressed the requirement for discovery to include review of various metadata attributes on Apple Spotlight databases from macOS computers belonging to the custodians. Within macOS, Spotlight serves as an immense database and index across more than 200 datapoints saved as backend tracking of activity on the computer. It includes information about when files are created and accessed, how the user accesses them (opens, downloads, printouts, etc.), related email attachments, historical information about files, among others.

Given that the totality of attributes from the Spotlight database were not supported by discovery and commercial digital forensic tools, FTI Technology developed a custom solution to access and produce specific data attributes from Spotlight, despite that doing so was not possible with the standard functionality of the tools approved in the protocol.

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