NTI Methodology

At NTI, we don't apply a "cookie-cutter" approach where a rigid set of protocols are applied to a given matter. Instead, we work closely with you up-front of any forensic activity to determine the most efficient, cost-effective strategy and service deployment for the case at hand. While every case is different, there are certain protocols that apply to most matters:

Discovery Strategy Planning

In the strategy phase, we work closely with you to define a list of data sources to focus on, based on the dynamics of your case or matter. Sometimes it is necessary to go after a number of machines, but many times you can save time and money by focusing on a few key data sources. We stress forensics consultation as early as possible in the pre-trial process to prevent the accidental bargaining away of crucial digital evidence.

Collection and Preservation of Evidence

It's far more preferable to review all data and process the critical portion of the available universe of data than to allow portions of potentially critical information to disappear forever.  We help clients develop a "rapid response" plan to present to the court to ensure key information is preserved (including preparation for 30(b)(6) depositions), and create mirror image backups of targeted hard drives/servers/backup tapes.

Searching

Our forensics consultants confer with your litigation team to arrive at a close understanding of the nuances of the case at hand. From this understanding, an initial set of search criteria is established. Our consultants hail from an investigative background, and are trained in the art/science of interrogation methods. We are not merely technicians, but technically astute lawyers and investigators. Criteria can include key words and usage patterns (such as timeline analyses, which reveal information regarding the creation, deletion, modification, and last access of both allocated and deleted files). All activity is carefully logged to maintain the admissibility as evidence of any findings.

Expert Witness Testimony

After the forensics specialists have presented their findings to the litigation team for trial/settlement presentation, opposing counsel may call the validity of the evidence into question. We provide expert witness testimony to explain where the data came from and how we drew conclusions about the data's source. We've been extremely successfully in defending validity of evidence. NTI is also frequently called to act as special masters on the behest of the bench.