Litigation Support & Forensic Services

Litigation involving complex financial and economic issues requires compiling and analyzing large amounts of accounting, financial, statistical and economic information which then must be summarized and presented in a clear and convincing manner. Attorneys rely upon LBMC to help them research, understand, summarize and communicate those complex issues. Presenting our conclusions through meaningful reports, visual aids and effective expert testimony allows us to properly educate and advise counsel, client and the trier of fact.

Our involvement in all stages of a case can include:

• Aiding in the preparation of interrogatories and requests for production of documents
• Researching and analyzing financial issues
• Determining economic damages
• Assisting with preparation for depositions and trial
• Providing expert witness testimony

Our litigation support professionals are accustomed to rigorous cross-examination, and our experience has given us insight into what triers of fact expect and need from a CPA in preparation for trial and in court. Areas in which we are called upon to provide forensic accounting services include:

• Lost Profits resulting from:
  • Breach of Contract
  • Unfair Competition
  • Trademark and Tradedress Infringement
• Fraud and Embezzlement
• Business Valuations
• Partner and Shareholder Disputes
• Royalty Accounting

Today’s technology is embedded in almost every aspect of our business and personal lives. With this reliance on modern technology, investigating digital devices is a necessity to avoid missing crucial details regarding the activities and communications that could be otherwise unknown.

LBMC Cybersecurity has invested in “best of breed” computer forensics software platforms and tools to efficiently and effectively preserve and analyze computers, storage media, and mobile devices of all types to recover artifacts that may otherwise have been unknown.

Our certified forensic analysts follow strict evidence handling procedures and employ a forensics analysis methodology that has been built on more than 10 years of experience to assist you.

While the details of our analysis are often case-specific, the basics of this methodology include:

• Developing detailed timelines of detailed computer activity
• Identifying and recovering electronic communications outside of conventional email (webmail, text messaging, etc.)
• Analyzing Internet activities
• Determining and analyzing “cloud” storage usage (Google docs, Dropbox, etc.)
• Investigating social media activities
• Recovering and analyzing deleted information
• Understanding application histories regarding execution
• Recovering and analyzing videos and pictures
• Detailing removable media usage (USB drives, printers, etc.)
• Determining documents created, opened, printed, etc.

Sample applications of our digital forensics services involve:

• Employee theft
• Employment disputes
• Commercial disputes
• Fraud
• Domestic matters
• Insider threat activities
• Internet Investigations
• Patent/Copyright Infringement
• Incident response related to data breaches

Due to our extensive experience in both digital forensics and electronic discovery, LBMC Cybersecurity’s experts provide a full spectrum of litigation support services to law firms and corporate legal teams. Our Electronic Discovery services methodology is based on the accepted Electronic Discovery Reference Model (ERDM). Our litigation support services can provide value at each stage of the EDRM lifecycle.

Information Governance (Readiness)

Our litigation support experts will assist in developing readiness assessment for future eDiscovery requests. This assessment will review existing electronically stored information (ESI) data maps, will provide data retention suggestions, and can design litigation response procedures.

Identification

Our experts will assist you in both identifying and locating potentially-relevant ESI sources.

Preservation/Collection

We will ensure that the relevant ESI is collected in a cost-effective and forensically-sound manner. We will also maintain proper chain of custody to ensure admissibility to the courts. We will further ensure the ESI is properly protected against inappropriate alteration or destruction.

Processing

We use the proper tools and methods (e.g., removing system files, keyword searching, de-duplication, designated timeframes, etc.) to reduce the volume of ESI and convert it, if necessary, to prepare for the legal review and presentation phases.

Review/Analysis/Production

When necessary, we will provide the needed platforms for an effective review of the ESI for relevance, privilege, etc. We will also provide the required production formats. This technology will be provided via a cost-effective, cloud-based solution, along with the needed training.

Mobile Device Forensics

There are few eDiscovery matters or forensic investigations that do not involve mobile devices. LBMC leverages state of the art mobile forensics platforms, combined with extensive experience, to collect, process, and extract the contents of mobile devices. To assist our clients with predictable costs, LBMC has a standard per device fee to extract all available information from mobile devices. The information is then provided in a digital format to easily analyze, search, and report sought information in a forensically sound manner. The digital report can also be uploaded into modern eDiscovery review platforms.

Flash Forensic Investigations

Unpredictable costs are a common concern that can deter the value of forensic investigations of computers. Leveraging certified and experts with testimony experience, LBMC offers a Flash Forensic Investigation with a fixed fee to determine whether the computer contains activities of value to the situation. This due diligence effort can alleviate concerns of missing valuable digital information and determine how to properly leverage information available if further analysis and reporting is warranted.

eDiscovery Program Development

For organizations not accustomed to responding to eDiscovery requests, the process is often overwhelming and stressful for counsel representing them. In working with organizations of all sizes for decades to prepare for and respond to eDiscovery requests, LBMC has an eDiscovery Program Development offering to construct a defensible process that, based on the Electronic Discovery Reference model (EDRM), prepares organizations for eDiscovery requests. The program development includes relevant phases from the EDRM from data mapping to production of electronically stored information (ESI) sought.

LBMC Cybersecurity’s litigation support experts work closely with our clients to ensure your needs are handled in an efficient and cost-effective manner.

From a weather disaster or global health crisis, many companies can experience business interruption. As a result, businesses may look to leverage business interruption insurance.

Under most business interruption insurance policies, to file a claim the business must experience a physical loss or the damage must generally occur on the insured’s premises. Business interruption extensions such as contingent business income, ingress/egress, loss of attraction, and even civil authority claims all require physical loss or damage by a covered peril.

Many property policies are subject to exclusions for pathogenic organisms, viruses, and disease- or illness-causing agents, so a careful review of the policy is prudent.

LBMC partners with attorneys in three ways as part of the business interruption insurance claims filing process.

• Quantify lost business revenue.
• Partner with the insurance company to address the specific claim.
• Provide litigation support and expert witness testimony.

Damages analyses based upon the following:

• Lost profits
• Disgorgement of defendant’s profits (unjust enrichment)
• Lost or diminished business value
• Reasonable royalty

If you are not a client and are interested in more information on one of our service lines, complete the form below to have an LBMC sales team member contact you.