Forensic Analysis

Kivu provides the digital information necessary for a successful legal outcome.

Computer forensics uses scientific methodologies to collect, analyze, and report on digital evidence for use in litigation. Digital evidence is often critical in proving employee misconduct, intellectual property theft, or the whereabouts of a suspect at a certain point in time. It is essential during forensics research for a firm to understand and be able to take advantage of the most effective forensics tools and industry best practices.

Kivu’s digital forensics professionals are experts in imaging and ensuring the proper preservation of digital evidence in all of its formats. Our analysts are among the most highly skilled in the world, with certifications including: Certified Forensics Examiners, EnCase® Certified Examiners, and Certified Fraud Examiners (GCFE, EnCE, and CFE).

Kivu also provides forensics research and expertise during the litigation process. Our expertise and years of experience allow us to provide our clients with cost-effective, irreproachable arguments at all stages of litigation and dispute resolution. Our in-house teams have testified as experts in state and Federal courts and provided counsel with clear and useful information.

Our Capabilities

Data Collection Employee Misconduct Intellectual Property Theft Mobile Forensics Expert Testimony

Data Collection

Organizations are storing information on ever-increasing numbers of devices, operating systems and shared platforms, ranging from cell phones to distributed cloud networks.

Kivu is unique in understanding the legal and technical implications of data storage. Our firm regularly advises organizations on the practical challenges of digital forensics in the modern workplace.

Kivu’s data collections have included “black bag” operations, where digital evidence is gathered after-hours without the knowledge of its custodians or, where legally permissible, a suspect’s computer and Internet activity have been discretely monitored during the workday. Kivu is well known in the industry for our ability to minimize business disruption, acting professionally as representatives of our clients, and always being prepared for the unexpected.

Kivu’s digital forensics professionals are experts at ensuring the proper preservation of digital evidence in all of its many formats. Our team is made up of some of the most highly skilled professionals in the United States, with certifications that include Certified Forensics Examiners, EnCase® Certified Examiners, and Certified Fraud Examiners (GCFE, EnCE, and CFE). We have worked on almost every conceivable type of computer media, configuration and email application.

Kivu offers best of breed forensic collection and preservation, digital analysis and response services to cater to the needs of in-house or hired legal counsel. We have provided evidence related to employee misconduct, founders disputes, and intellectual property theft. Our expertise and years of experience allow us to provide clients with cost-effective, irreproachable arguments at all stages of litigation and dispute resolution.

Employee Misconduct

Misconduct by employees and trusted insiders can expose organizations to crushing regulatory and civil liability, damaged business relationships, negative publicity, and significant costs of remediation. Kivu helps organizations identify and deliver unimpeachable evidence in workplace conduct investigations.

Kivu’s legal cases have included allegations of harassment, workplace theft, accounting fraud, and inappropriate computer usage. Kivu is an industry leader in investigating data destruction and cyber vandalism carried out by current and former employees, including criminal collusion with third parties, competitors and hackers.

Kivu’s forensic professionals are experienced in working with a client’s own IT and security department in order to minimize cost and maximize efficiencies. Kivu has also operated independently, when the target of an investigation was within the IT department itself. Where appropriate, Kivu can add other investigative services, such as custodian or employee interviews, surveillance, and public records research.

Kivu personnel have testified as expert witnesses in state and Federal employment cases on issues of inappropriate computer usage, unauthorized access to confidential data, and privacy issues in workplace investigations. Our analysts have made presentations to employment law groups on best practices and pitfalls in cyber workplace investigations.

Intellectual Property Theft

In a global market, where legal and regulatory frameworks are becoming more stringent, and are more actively enforced, companies need to be ever more vigilant about intellectual property theft. Computer forensics is often the only means of conclusively proving or disproving that intellectual property theft occurred, allowing for successful legal resolution.

Kivu has extensive expertise serving employers who fear that their intellectual property has been compromised. We also provide services in defense of organizations charged with harboring stolen intellectual property.

Our investigation process moves quickly to preserve data, without contaminating it, in a manner that is defensible in court. We examine systems for any evidence that data was transferred, whether through external USB devices, email accounts, network shares or cloud storage accounts. Once the analysis is complete, Kivu provides a certified remediation protocol that is compliant with industry standards, based on our practical experience.

Kivu has expertise at all stages of trade secret cases:

Confirming the initial suspicions of management
Providing immediate and accurate evidence in ex-parte actions
Working with law enforcement and regulators
Determining the scope of theft or identifying other parties
Assisting with discovery requests
Providing expert witness testimony at trial

Kivu works with management and legal counsel to fully investigate suspected theft of trade secrets and confidential data. Kivu personnel have testified as experts in state and Federal courts. Our data preservation, analysis and opinions have been upheld by courts and law enforcement agencies.

Mobile Forensics

Mobile devices are regularly used to save the most personal of information, such as contacts, photos, calendars, notes, text messages, videos, email, web browsing information, location information, and social networking messages and contacts. Kivu’s forensic investigators have the knowledge and experience to analyze whether an individual mobile device has extractable data, and then safely preserve the available evidence. Depending on the type of mobile device, in most cases Kivu can preserve and extract both active and deleted information.

What evidence can be extracted from a mobile device?

Timeline analysis can identify the timing of user activities and communications
Cell tower analysis can locate the device geographically at a given time
Data carving may bring back deleted data
Keyword searches can isolate relevant data

Kivu’s forensic experts apply proven methods and the most current tools and technologies to identify, recover and interpret digital artifacts. Our forensic professionals are experts at ensuring the proper preservation of digital evidence in all of its many formats. Our team is made up of some of the most highly skilled professionals in the United States, with certifications that include Certified Forensics Examiners, EnCase® Certified Examiners, and Certified Fraud Examiners (GCFE, EnCE, and CFE).

Expert Testimony

In many cyber crime cases, the court’s ruling may come down to an expert’s opinion, and an attorney will need the best cyber security expert witness available. Kivu has served as trusted advisors to attorneys throughout North America and Europe, for more than a decade.

Kivu personnel have testified in state and federal court in a breadth of data breach and insurance coverage cases, including: cyber security and privacy class actions, theft of trade secrets, and employment and regulatory disputes. Kivu’s analysts have provided expert opinions on reasonable standards of IT security, damage caused by malware attacks, the length of business interruptions, and preexisting conditions. We have testified regarding the significance of specific metadata, the effects of spoliation, the likelihood of unauthorized data transfer or access, and the relevance of email, text and Instant Messaging. Our opinions have covered Windows, Linux, Mac, and proprietary operating systems and platforms.

In the run-up to trial, Kivu’s experts have assisted clients by providing declarations, affidavits, and testimony at deposition. We frequently attend and advise counsel at the depositions of opposing experts.

ACTING AS NEUTRAL TECHNOLOGY EXPERTS

Kivu personnel have also served as court appointed neutrals and third-party experts in litigation and mediation. Areas of expertise have included analyzing possible spoliation, recovery of deleted data, the searching and analysis of confidential data in escrow, and advising judges and mediators on the significance of parties’ forensic findings.

Kivu’s forensic professionals’ diverse experience and backgrounds include: law firms, federal law enforcement, big four consulting firms, software development companies, IT production environments, and in-house IT departments. Resumes of Kivu’s experts, including the cases where they have testified, are available upon request.

Additional Information About Our Services

COMPUTER FORENSICS

As organizations move more data across numerous devices, operating and shared platforms they can be more vulnerable to data theft and potential liability. Kivu’s will address these vulnerabilities.

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DATA BREACH ANALYTICS

Kivu utilizes a rigorous approach to translate raw computer data into specific individuals’ identities. enabling our analysts to find hidden landmines sooner.

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CYBERSERVICES FOR HEALTHCARE

Kivu has provided the forensic analysis in dozens of healthcare data breaches, including the largest breach on the West Coast in 2014.

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