Why Early Engagement Makes All the Difference
When is the right time to bring in a digital forensics expert? For many of the most effective attorneys we work with, the answer is clear: as early as possible.
For in-house counsel, that moment often comes at the first sign of risk, especially in scenarios involving departing employees or suspected insider threats. For outside counsel, it’s typically immediately after clearing conflicts and being retained by the client. While this early involvement may feel front-loaded, the payoff is significant: preserved evidence, discovered details, and stronger leverage when drafting complaints, demand letters, or preservation notices.
The Clock Starts Ticking the Moment Access Ends
Digital evidence is time-sensitive. When company devices are left in service, reassigned, or repurposed, valuable forensic artifacts can be quickly lost or overwritten. Worse still, cloud-based accounts and personally owned devices used in the theft may be modified or wiped.
In nearly every investigation, it’s critical to consider:
- All devices used by the employee, including laptops, phones, tablets, USB drives, and external storage
- Personally owned media, such as thumb drives, NAS units, DVDs/CDs, and flash cards
- Cloud-based and online accounts, including Gmail, Dropbox, Office 365, iCloud, and similar platforms
We’ve seen countless cases where company data was siphoned to home backup systems, shared drives, or cloud accounts that remained active and accessible post-departure.
Immediate steps should include:
- Powering down laptops
- Putting smartphones in Airplane Mode
- Securing account passwords, especially for mobile devices
- Disabling access to cloud accounts and documenting login credentials
Doing this promptly not only locks down crucial evidence, it also gives your forensic team the opportunity to identify additional devices, accounts, and potentially involved parties.
Delay Comes at a Cost
When we’re brought in late, it’s not uncommon to find that data has been altered, devices wiped or reassigned, and online accounts deleted. While an experienced forensic investigator can often reconstruct digital timelines from scattered remnants, the strength and clarity of early-collected evidence is unmatched.
Moreover, early engagement allows us to uncover references to additional documents or devices not yet in your possession, information that can be used to compel opposing counsel to produce them.
Be Proactive, Not Reactive
In many data theft cases, timing is everything. Engaging a forensic expert early gives you:
- Cleaner evidence
- A stronger litigation posture
- The ability to refute false claims and neutralize opposing “experts”
In summary: The earlier you engage, the better your position. Digital forensics is not just a reactive tool, it’s a strategic advantage when used proactively.