Human Resources: Sonnenschein Expands Internet Investigations/Computer Forensics Lab

WASHINGTON, DC (April 22, 2010) – In a notable expansion of its data security and e-discovery practice, Sonnenschein Nath & Rosenthal LLP is offering its resident computer forensics lab to attorneys across the firm, for use in any project requiring specialized technology to support litigation, investigations or compliance matters.

Sonnenschein is one of the few law firms in the country to maintain an in-house capability to assist with Internet investigations and Computer forensics in addition to Electronic discovery – hence, the firm’s proprietary ICE Lab. The lab, drawing on computer technologists as well as attorneys, is based in Sonnenschein’s Washington, DC office.

In recent years, most major law firms have established e-discovery groups to help clients comply with increasingly complex rules regarding storage and retrieval of electronic data. Sonnenschein’s ICE lab goes further, with hands-on technology counseling on hardware and software issues surrounding data retention and e-discovery. Among the lab’s core services:

Internal investigations – including forensic reviews of employee hard drives
Internet investigations – finding and gathering evidence of online misconduct.
Policy review – review of company IT security protocols, incident response plans and breach notification policies
Preservation and acquisition of electronic documents in response to discovery requests or government investigations
Advise on data retention, preservation protocols, encryption and related issues
Conduct searches of electronic evidence, and draft and implement e-discovery protocols

Since it was first launched several years ago, the lab has been put to work for clients in numerous industries, including health care, financial services, digital media and entertainment, gaming, social networking and retail. For one prominent search company, Sonnenschein attorneys and technicians conducted an extensive investigation to trace the origin of a sophisticated spam and advanced fee fraud operation. Among other tools, the lab utilizes anonymous Internet connections, e-mail accounts, credit cards and untraceable phone numbers.

“We believe our lab is a one-of-a-kind resource for a law firm – operating at the intersection of data protection, legal compliance and technology support,” said Sonnenschein partner Shane McGee, who was recently named co-chair of the Internet & Data Protection Group.

Mr. McGee noted that the lab can handle a variety of assignments beyond conventional e-discovery projects, including forensic-level investigations of fraud and financial misconduct; investigation of suspected theft of intellectual property and digital piracy; review of hostile workplace allegations; or responding to requests for information from government regulators, which frequently requires sifting through terabytes of electronic data.

With Sonnenschein attorneys supervising the process, internal communications about preservation and collection of data are more likely to be protected by the attorney-client privilege. Mr. McGee added that billing rates for the Sonnenschein lab are also lower than typical consulting firms.

“We have a core group of certified experts that can get to the heart of any forensic assignment,” explained Randy Sabett, who co-chairs the Internet & Data Protection practice with Mr. McGee. He described some of the jobs the lab has performed for clients, including recovering deleted and encrypted files; pinpointing when questionable files were created, modified, copied or even printed; conducting keyword searches on electronic media; and finding traces of how a particular computer was used, including websites visited. Lab specialists can also determine whether any external storage devices may have been connected to a computer, as well as extract any meta-data.

“It’s hard to think of an investigative or litigation matter these days that doesn’t involve some aspect of electronic data work,” Mr. Sabett said. “Any company that stores personal information for customers or employees, or one that makes its intellectual property available online, or is the victim of hacking or other online breach, or simply wants to ensure that its data privacy practices are in compliance can benefit from the services offered by our lab.”

Messrs. McGee and Sabett both have extensive backgrounds in internet and information technology, and both are Certified Information Systems Security Professionals (CISSPs). Mr. McGee has experience in counseling companies on data security, privacy, electronic discovery, records retention, anti-piracy and transactional issues; he also has a strong background in technology, having formerly worked as a programmer, consultant and instructor.

Mr. Sabett counsels clients on information security, privacy, IT licensing, and patents. He advises on such issues as Public Key Infrastructure (PKI), digital and electronic signatures, federated identity, HIPAA, Gramm-Leach-Bliley, Sarbanes-Oxley, state and federal information security and privacy laws, identity theft and security breaches. Mr. Sabett serves on the Commission on Cyber Security for the 44th Presidency, an elite working group established ahead of the 2008 presidential election by the Center for Strategic and International Studies to advise on cyber security issues.