Lawyer Monthly - June 2022

Amy Francis is the Global Head of Digital Forensics at S-RM. Her experience focuses on leading complex digital forensics cases, including high-profile investigations into intellectual property theft, fraud, whistleblowing allegations and corruption, as well as a range of internal investigations and other litigation support. Amy works with both corporate and private clients across all industries and jurisdictions and has specialised expertise in mobile device and Apple Mac forensics. S-RM is a global intelligence and cyber security consultancy that provides intelligence, resilience and response solutions. Our client portfolio includes leading organisations spanning all regions and major sectors. S-RM's Digital Forensics team identify, preserve and analyse digital evidence to uncover the facts and piece together the truth for our clients' most complex and sensitive investigations and litigation. 39 JUN 2022 | WWW.LAWYER-MONTHLY.COM THE IMPACT OF DIGITAL FORENSICS ON LEGAL PROCEEDINGS require patience, replication of sometimes repetitive tasks, and often the need to manage expectations until the facts can be established and validated where possible. How does a digital forensic investigation tie into a wider internal investigation? The digital forensics investigation is – in most cases – an inherent part of a wider investigation. In corporate investigations, the digital forensics expert should be one of the core investigation team along with the general counsel, external lawyers and sometimes representatives from the risk or compliance functions. There may also be a reason to bring in digital forensics experts before an investigation is officially opened. For example, if an investigation is instigated by a whistleblower complaint, the compliance or legal team need to assess its credibility before deciding how to proceed. A covert digital forensic investigation is often the quickest and – crucially – the most discreet way of testing the credibility of the allegation while preserving any digital evidence that may exist. It also arms the team with contextual information before they start interviewing key employees. If there is good reason to suspect an employee might be guilty, then email and social media analysis and investigations into their lifestyle, assets or any conflicts of interest can also help make these interviews more targeted and effective.

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