Extract from Doug Austin’s article “Forensic Examination by a Third-Party Expert Denied by Court”
InĀ Azenta, Inc. v. Andrews, No.: 22-cv-01952-JLS-JLB (S.D. Cal. Dec. 21, 2023), California Magistrate Judge Jill L. Burkhardt granted in part and denied in part the plaintiffās motions, denying plaintiffās request for a comprehensive forensic examination by a third-party expert, finding thatĀ āthe burden of the additional costs to Andrews under Plaintiffās protocol and the time both partiesā experts and counsel would expend substantially outweigh the benefit Plaintiff would likely receiveā. However, she did order defendant Andrews and her counsel toĀ āsubmit to Plaintiff a declaration(s) that lists all devices and accounts on which Plaintiffās information may have been stored, accessed, deleted, or transferred.ā
Case Background
This case involved allegations of misappropriation of trade secrets by a former employee of the plaintiff, who ādownloaded and sent Plaintiffās proprietary customer and billing information from her work email address to her personal email address at least five timesā and failed to return her primary company laptop.
Defendantsā counsel engaged Epiq to obtain and analyze forensic images of several data devices of the defendant. Plaintiff had requested that Defendants allow āa neutral third party to monitor [Epiqās] investigationā in order to ādetermine whether or not the search was full and completeā, but defendants refused. Epiq conducted a forensic analysis to determine if Andrews had downloaded, accessed, emailed or otherwise distributed a specific billings Excel spreadsheet, but found no evidence to indicate that it had. Epiq also āattempted to determine if the file or contents of the file were used within the LVL laptop or if the file ā¦ had perhaps been renamed so as to hide it from discovery.ā