Smiling male governmental investigator pushing 'electronic discovery' on an interactive touch screen.

eDisclosure or eDiscovery is the process of identifying and managing electronic data as evidence in a legal case. As it is becoming increasingly common in fraud related investigations, this post highlights why it can help fraud victims successfully.

To say that fraud is prevalent in the business landscape is an understatement. Every day across the UK and around the world, many businesses are at risk of fraud and experience fraud first-hand. Fraud can assume many forms, from accounting fraud to data theft, and can be committed by either external or internal parties.

As an owner of a business in today’s digital world, simply because you store most of your data electronically and perform many of your business activities online, you become an easy target for fraudsters who look to exploit your online weaknesses. Small businesses, which often lack basic precautions or a robust set of checks and balances, are particularly at risk, as fraudsters are likely to believe that they can penetrate your system easily and you may not necessarily possess the expertise to either stop them or go after them once the fraud has been committed.

If fraudulent activity has been detected within your business – employing digital forensics is the most suitable solution. Blackhawk’s Digital Forensics can assist you with tracing the fraudulent activity and analysing the valuable data required to prosecute the fraudsters in court. To identify the data in the first place, a multi-step process of eDiscovery (or eDisclosure) will be undertaken.

What is eDiscovery or eDisclosure?

The process of identifying, managing and preserving electronic data for litigation is referred to as eDiscovery (E-Discovery) in the US, or eDisclosure (E-Disclosure) in Europe.

When parties are in dispute at the beginning of litigation and require evidence pertaining to the case, the process is called Discovery or Disclosure. The prefix ‘e’ in eDiscovery or eDisclosure stands for electronic, which refers to the discovery of electronically stored information (ESI), such as emails, website content, mobile data and documents in electronic format.

During litigation, ESI can serve as vital evidence – and can bring a fraudster to justice. It is important that the integrity of the ESI is preserved, which is why we recommend that you take advantage of our expert eDiscovery or eDisclosure specialist services, ensuring that your case is resolved in your favour. Blackhawk Intelligence possesses the expertise required to locate, forensically preserve and then present the essential electronic evidence.

How can the process of eDiscovery or eDisclosure help your case?

It is crucial to recognise that eDiscovery is a process – not a singular activity. This process begins as soon as the issue of fraud within your business has been brought to our attention and runs up until the point that the evidence is shown in court. Our team strives to work as quickly, accurately and efficiently as possible.

In summary, eDiscovery or eDisclosure encompasses:

  • Identification
  • Preservation
  • Collection
  • Processing
  • Analysis
  • Review
  • Production
  • Presentation

By strictly adhering to the regulations laid out in the Electronic Discovery Reference Model (EDRM), we ensure that the electronic information identified during the process is pertinent and can be recognised as valuable evidence to the case. Additionally, our team will present their findings in a clear and efficient way, so that you are able to determine how the fraud manifested in your business in order to prevent it from occurring again in the future.

You can read more about our eDisclosure service by following the link to the service page.

Employing eDiscovery as part of digital forensics

Our eDiscovery or eDisclosure service is just one of many essential elements that are incorporated into our Digital Forensic Services. The process of eDiscovery can also be retained as a part of our Litigation Support Services and our risk management solution.

Blackhawk’s supplementary range of digital forensic services include:

  • Cybercrime and digital forensics
  • Metadata analysis
  • Computer forensics
  • IT forensics
  • Forensic data analysis
  • Forensic imaging
  • Mobile phone forensics

These forensic methods can be used in conjunction with eDiscovery (eDisclosure) to give you a thorough summary of any evidence that can support you in your defence against fraud. Armed with this evidence in a court of law, you can successfully proceed with litigation.

Rely on Blackhawk to recover electronic data

If you need assistance with uncovering essential electronic data to resolve litigation successfully, you can trust Blackhawk Intelligence’s specialist services to help you with all facets of your case, from start to finish. With a proven record in resolving litigation cases as a result of recovered and preserved data, our digital forensics can also assist you with improving your digital safety, ensuring your business is protected against fraud in the future.

Call Blackhawk’s eDiscovery or eDisclosure Services team today on +44 (0)20 8108 9317 or drop us a line at enquiries@blackhawkintelligence.com.

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This post is intended to provide information of general interest about current business issues. It should not replace professional advice tailored to your specific circumstances.