September 28, 2020 Articles

Considerations for the Use of Digital Forensics and Related Expert Services in Intellectual Property and Trade Secret Matters

When and how a forensic expert is engaged can make or break a case. Making sure you get the right expert for your stage of the investigation can make all the difference.

By Antonio Rega

“The phrase ‘intellectual property’ first appeared in an American legal opinion in 1845 and spread to Europe in the 1860s. Trade secrets and brands became recognized soon after.” William Davies, Nervous States 150 (Penguin Random House UK 2018). Since then, the manner in which intellectual property (IP) and trade secrets are protected and managed has evolved considerably and, along with it, the format of the data. IP and trade secrets in the modern era are predominantly stored as electronic records, or electronically stored information (ESI), which in turn increases the potential for misappropriation, exfiltration, or theft of these sensitive documents to unauthorized parties or entities outside the company domain.

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