Successful Second Opinion in Corporate Espionage Case – Uncovering a Salesperson’s Theft of Customer Information

For Business, For Legal Professionals | 28 Mar 2023

A case study on work that Notion Digital Forensics have completed.

Overview

A top salesperson at a specialist software company faced accusations of stealing customer information for use at a competitor. The case escalated to Australia’s Federal Court and appellate proceedings. After an initial forensics firm’s inadequate analysis, Notion Digital Forensics provided crucial specialist assistance to re-examine the evidence using advanced techniques.

Problem

The investigation faced significant obstacles:

• The first forensics company conducted only basic analysis rather than thorough examination
• Advanced digital forensic techniques were needed to reveal the complete picture
• The client required certainty about whether data theft occurred to pursue damages
• Some evidence was lost or potentially removed from the salesperson’s possession

Approach

Notion Digital Forensics reanalyzed evidence using rigorous scientific methodology:

• Identified USB stick file copies demonstrating unauthorized data transfer
• Showed the salesperson copied CRM (Sugar CRM) data into Excel spreadsheets
• Proved a different computer was used to extract information from the CRM system
• Reconstructed log files from archival tape backups revealing executed reports
• Built a defensible scientific case responding to the defendant’s counterarguments

Results

The comprehensive investigation delivered:

• Strong evidentiary foundation supporting customer information theft claims
• Damages awarded in the client’s favor
• Enhanced client confidence in the forensic evidence’s scientific validity
• Superior cross-examination performance compared to the initial firm

Key Takeaways

This case demonstrates that:

• Selecting qualified digital forensics professionals significantly impacts case outcomes
• Larger firms may prioritize staffing over expertise and experience
• Advanced techniques and rigorous methodology strengthen corporate espionage cases
• Second opinions from specialists can uncover critical missed evidence

Federal Court Recognition

The Full Bench of the Federal Court of Australia acknowledged the compelling nature of the forensic evidence in Garner v Central Innovation Pty Limited [2022] FCAFC 64, praising the thorough examination of systems and supporting conclusions about data access and extraction capabilities.